Opinion
CASE NO. 2:07-CV-1000-WKW (WO).
February 20, 2008
ORDER
On January 31, 2008, the Magistrate Judge filed a Recommendation (Doc. # 13) in this case, denying petitioner's Motion for Default Judgment (Doc. # 10). The petitioner filed an objection (Doc. # 15).
The petitioner's objection does not relate to the motion before the court, a motion for default judgment. His objectione states "the doctrine of actual innocence as presented in his motion-in-chief, and his reply, is sufficient, qua non, to open the AEDPA gateway in this action." (Doc. # 15.)
After an independent and de novo review of the record, it is the ORDER, JUDGMENT and DECREE of the Court that:
1. The objection (Doc. # 15) is OVERRULED;
2. The Recommendation (Doc. # 13) of the Magistrate Judge is ADOPTED;
3. The Motion for Default Judgment (Doc. # 10) is DENIED;
4. This case is REFERRED back to the Magistrate Judge for further proceedings.