Opinion
No. 5:06-CV-060-SPM.
October 23, 2006
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND DISMISSING CASE
THIS CAUSE comes before the Court upon the magistrate judge's report and recommendation (doc. 22) filed September 20, 2006. The parties have been furnished a copy and have been afforded an opportunity to file objections. To date, no objections have been received.
Pursuant to Title 28, United States Code, Section 636(b)(1), I have determined that the report and recommendation should be adopted.
Accordingly, it is
ORDERED AND ADJUDGED as follows:
1. The magistrate judge's report and recommendation (doc. 22) is adopted and incorporated by reference in this order.
2. Respondent's motion to dismiss (doc. 9) is hereby granted.
3. The petition for writ of habeas corpus (doc. 1) is dismissed with prejudice.
4. The clerk is directed to close the file.
DONE AND ORDERED.