Opinion
Case No. 3:06cv421/LAC/EMT.
October 30, 2006
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated October 10, 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 a de novo determination of objections filed.
Having considered the report and recommendation, and the objections thereto, 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 petition for writ of habeas corpus (Doc. 1) is DISMISSED on the grounds that Petitioner lacks standing to assert claims on behalf of Richard F. Davis, and the abstention doctrine set forth in Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 669 (1971) applies.
DONE AND ORDERED.