Opinion
DOCKET NO. 2:12-CV-0812-PM-KK
11-16-2012
JUDGE MINALDI
MAGISTRATE JUDGE KAY
JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein [Doc. 25] and after an independent review of the record, and a de novo determination of the issues, and having determined that the findings are correct under applicable law; it is
ORDERED that the respondent's motion to dismiss [Doc. 16] be GRANTED;
IT IS FURTHER ORDERED that the petition for writ of habeas corpus be DISMISSED without prejudice;
IT IS FURTHER ORDERED that the petitioner's motion to hold case in abeyance or alternatively, motion for extension of time to file response to the government's response [Doc. 24] be DENIED as MOOT.
Lake Charles, Louisiana, this 16 day of November, 2012.
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PATRICIA MINALDI
UNITED STATES DISTRICT JUDGE