Opinion
NO. 09-4295.
October 4, 2010
ORDER
AND NOW, this 4th day of October, 2010, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 1) and the Petitioner's Remarks (Docket Nos. 32, 33), and after review of the Report and Recommendation of United States Magistrate Judge M. Faith Angell, IT IS HEREBY ORDERED as follows:
In his Remarks, Petitioner does not take issue with Judge Angell's reasoning or decision. Instead he states his intention to return to state court.
1. The Report and Recommendation is APPROVED and ADOPTED.
2. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE.
3. Because Petitioner has failed to make a substantial showing of the denial of a constitutional right or demonstrate that a reasonable jurist would debate the correctness of this ruling, the Court declines to issue a certificate of appealability under 28 U.S.C. § 2253(c)(2).
4. The Clerk shall CLOSE this case statistically.