Opinion
CASE NO. C05-1580-RSM.
September 8, 2006
ORDER DISMISSING § 2254 PETITION WITH PREJUDICE
The Court, having reviewed petitioner's federal habeas petition, the Report and Recommendation of Monica J. Benton, United States Magistrate Judge, the Objections thereto, and the remaining record, does hereby find and Order:
(1) The Court adopts the Report and Recommendation.
(2) Petitioner's petition for writ of habeas corpus is DISMISSED, with prejudice, under 28 U.S.C. § 2244(d).
(3) The Clerk is directed to send copies of this Order to petitioner, to counsel for respondent, and to Judge Benton.