Opinion
CASE NO. 5:10-CV-386 (MTT).
April 26, 2011
ORDER
This matter is before the Court on the Recommendation (Doc. 16) of United States Magistrate Judge Charles H. Weigle. The Magistrate Judge recommends granting the Respondent's Motion to Dismiss (Doc. 10) and dismissing the Petitioner's petition for writ of habeas corpus with prejudice. Also, the Magistrate Judge recommends denying any certificate of appealability. The Petitioner did not file an objection to the Recommendation.
The Court has reviewed the Recommendation, and the Recommendation is adopted and made the order of this Court. The Respondent's Motion to Dismiss is GRANTED, and the Petitioner's petition for writ of habeas corpus is dismissed with prejudice. Any certificate of appealability filed by the Petitioner is DENIED.