Opinion
CIVIL ACTION NO. C-08-237.
November 10, 2008
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO GRANT RESPONDENT'S MOTION FOR SUMMARY JUDGMENT
On October 17, 2008, United States Magistrate Judge Brian L. Owsley signed a Memorandum and Recommendation recommending that respondent's motion for summary judgment (D.E. 10) be granted and the petition (D.E. 1) be dismissed with prejudice; and further that petitioner be denied a certificate of appealability. Seeing no objection to this recommendation by either party and having now reviewed the recommendation, this Court hereby adopts as its own the Memorandum and Recommendation as the decision of the Court. Accordingly, it is
ORDERED that respondent's motion for summary judgment is granted and the petition is dismissed with prejudice. Petitioner is denied a certificate of appealability.
The clerk shall enter this order and provide a copy to all parties.
SIGNED and ORDERED.