Opinion
CIVIL ACTION, NO. 09-4638.
February 16, 2010
ORDER
AND NOW, this 16th day of February, 2010, upon consideration of the Respondents' motion to dismiss (Document # 2) and after careful and independent review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey, to which no objections were filed, IT IS HEREBY ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. Plaintiff's motion to dismiss is GRANTED and the plaintiff's petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 is DISMISSED AS MOOT;
3. There is no probable cause to issue a certificate of appealability;
4. The Clerk of the Court shall mark this case closed for all purposes.