Opinion
3-04-CV-128-M.
October 26, 2004
ORDER
After making an independent review of the pleadings files and records in this case, and the Findings, Conclusions and Recommendation of the United States Magistrate Judge, I am of the opinion that the findings and conclusion of the Magistrate Judge are correct and they are accepted as the findings and conclusions of the Court.
IT IS, THEREFORE, ORDERED that the findings, conclusions and recommendation of the United States Magistrate Judge are accepted.
IT IS FURTHER ORDERED that Respondent's motion to dismiss is denied and Respondent shall respond to the merits of Petitioner's claims or otherwise plead pursuant to Rule 5 of the Rules Governing § 2254 Cases within thirty (30) days of the date of this order.
IT IS FURTHER ORDERED that the petition is re-referred to Magistrate Judge Sanderson for further proceedings.