Opinion
Civil Action No. 3:05CV85, Criminal Action No. 3:00CR57.
July 12, 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 April 24, 2006. Petitioner's objections to the Report were not filed in a timely matter; however, in the interests of justice, the Court now GRANTS the petitioner's Motion for Leave to File his objections (Document 1168 in 3:00CR57) and has considered the objections and conducted a de novo review of the petition, Report, and objections to such. After reviewing the above, the Court is of the opinion that the Magistrate Judge's Report and Recommendation (Document 2 in 3:05CV85 and Document 1164 in 3:00CR57) should be and is hereby ORDERED adopted.
The Court further ORDERS that the petition of the petitioner (Document 1 in 3:05CV85 and Document 1103 in 3:00CR57) be DENIED and DISMISSED WITH PREJUDICE based on the reasons set forth in the Magistrate Judge's Report and Recommendation. It is further ORDERED that 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.