Opinion
No. 3:19-cv-05547-RBL-DWC
10-17-2019
Gary Lipsey, Petitioner, v. Jeffrey A Uttecht, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Magistrate Judge David W. Christel, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) Petitioner's federal habeas Petition is dismissed without prejudice. All other pending motions (Dkts. 11, 12, 14, 18) are denied as moot without prejudice.
(3) A certificate of appealability is denied in this case.
(4) The Clerk is directed to send copies of this Order to Petitioner, counsel for Respondent, and to the Hon. David W. Christel.
DATED this 17th day of October, 2019.
/s/_________
Ronald B. Leighton
United States District Judge