Opinion
CIVIL ACTION NO. 09-CV-3275.
November 16, 2009
ORDER
AND NOW, this 16th day of November, 2009, upon careful and independent consideration of the petition for writ of habeas corpus, and after review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey, IT IS ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for a writ of habeas corpus is DISMISSED without prejudice;
3. There is no basis for the issuance of a certificate of appealability.