Opinion
Civil No. 06-444 RB/RHS.
June 28, 2007
ORDER ADOPTING FINDINGS, GRANTING MOTION TO DISMISS, DENYING PETITION AND DISMISSING CIVIL PROCEEDING
THIS MATTER comes before the Court on Petitioner's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in State Custody, filed May 26, 2006 [Doc. No. 1], Respondents' Motion to Dismiss, filed July 3, 2006 [Doc. No. 10] and the proposed findings and recommended disposition of the United States Magistrate Judge, filed June 6, 2007 [Doc. No. 33]. The Court has reviewed the parties' submittals and relevant authorities, and has made a de novo review of those portions of the Magistrate Judge's proposed findings and recommended disposition objected to.
WHEREFORE,
IT IS ORDERED that the proposed findings of the United States Magistrate Judge [Doc. No. 33] are adopted by the Court.
IT IS FURTHER ORDERED that Respondents' Motion to Dismiss [Doc. No. 10] is GRANTED. IT IS FURTHER ORDERED that Petitioner's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in State Custody [Doc. No. 1] is DENIED. IT IS FINALLY ORDERED that this civil proceeding is DISMISSED with prejudice and any pending motions are DENIED as moot.