Opinion
Case No. 3:09-cv-370.
May 14, 2010
ORDER ADOPTING REPORT AND RECOMMENDATIONS
The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #7), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that the Petition is DISMISSED without prejudice for lack of subject matter jurisdiction. Petitioner is also DENIED leave to appeal in forma pauperis and any request for certificate of appealability.