Opinion
Civil Action No. 3:01CV11.
February 1, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day the above styled case came before the Court for consideration of the Report and Recommendation of Magistrate Judge James E. Seibert, dated January 11, 2006 (Docket # 41). Objections were due within ten (10) days of receipt of the Report, which was filed January 11, 2006. To date, the Court has not received any objections. Upon review of the Report, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be and is hereby ORDERED adopted.
The Court further ORDERS
1) Respondents' Motion to Dismiss as Untimely, or in the Alternative, for Failure to Exhaust State Court Remedies (Docket # 35) is GRANTED in that
2) petitioner's petition is DENIED and DISMISSED WITHOUT PREJUDICE based on the reasons set forth in the Magistrate Judge's Report and Recommendation.;
3) petitioner's Motion for Documents (Docket # 26) is DENIED as moot; and
4) this action be and is hereby STRICKEN from the active docket of this Court.
The Clerk is directed to transmit true copies of this Order to the petitioner and all counsel of record herein.