Opinion
Civil Action No. 3:05CV136.
November 13, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day the above styled case came before the Court for consideration of the Report and Recommendation of Magistrate Judge James E. Seibert, dated August 22, 2006. Neither Party filed objections to the Report. After reviewing the above, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be and is hereby ORDERED adopted. The Court further ORDERS that the Respondent's Motion to Dismiss be DENIED (Document No. 9). Respondent is ORDERED to file an answer addressing the specific contentions raised by Petitioner Hess in his § 2254 petition. Further proceedings on this action are REFERRED to Magistrate Judge Seibert to evaluate the substantive claims of the parties and present a report and recommendation on the disposition of this action.
The Clerk is directed to transmit true copies of this Order to the petitioner and all counsel of record herein.