Opinion
Case No. 3:06cv240/RV/EMT.
July 24, 2006
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated June 26, 2006. Petitioner has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made ade novo determination of all timely filed objections.
Having considered the report and recommendation, and all objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. The habeas petition filed under 28 U.S.C. § 2254 (Doc. 1) is DISMISSED WITHOUT PREJUDICE.
DONE AND ORDERED.