Opinion
Civil Action 22-cv-3361
07-19-2024
ISAIAH ANDERSON Plaintiff, v. RANDY IRWIN, et al. Defendants.
ORDER
CHAD F. KENNEY, JUDGE
AND NOW, on this 18th day of July 2024, upon consideration of the Amended Petition for Writ of Habeas Corpus (ECF No. 12), the government's response (ECF No. 26), the Report and Recommendation filed by U.S. Magistrate Judge Scott W. Reid (ECF No. 28), and no objections filed to the Report and Recommendation, and after a thorough and independent review of the record, it is ORDERED that:
In response to the Court's Order directing Counsel for both parties to file a joint status report explaining why Counsel for Petitioner had not filed a response to the Report and Recommendation (ECF No. 29), Counsel entered a letter on the docket (ECF No. 30) stating that Petitioner's silence was intentional, and that no objections would be forthcoming.
1. The Report and Recommendation of Magistrate Judge Reid (ECF No. 28) is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE; and
3. No certificate of appealability will issue because the petitioner has not made a substantial showing of the denial of a constitutional right under 28 U.S.C. § 2253(c)(2).