Opinion
No. 3:09-1144.
January 25, 2011
ORDER
Before the Court is the Report and Recommendation of the Magistrate Judge (Docket Entry No. 39) to which Petitioner has filed timely objections (Docket Entry No. 42). Upon de novo review of the Report and Recommendation and after considering Petitioner's objections, the Court ADOPTS the Report and Recommendation.
Accordingly, the Petitioner's motion for partial judgment (Docket Entry No. 23) and motion for summary judgment (Docket Entry No. 26) are DENIED. Petitioner's petition for the writ of habeas corpus is DENIED, and this action is DISMISSED without prejudice to Petitioner's unexhausted claim on the attempted murder count.
It is so ORDERED. ENTERED this the 24th day of January, 2011.