Opinion
CIVIL ACTION NO. 3:05CV52 CRIMINAL ACTION NO. 3:99CR42-5.
January 19, 2007
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, filed April 11, 2006. The Petitioner did not file objections to the Magistrate Judge's Report and Recommendation.
The Court, after reviewing the above, is of the opinion that the Magistrate Judge's Report and Recommendation should be and is hereby ORDERED adopted.
The Court, therefore, ORDERS that Messick's Petition to Vacate, Set Aside or Correct Sentence (Document No. 1) be DENIED. It is further ORDERED that this action be DISMISSED WITH PREJUDICE based on the reasons set forth in the Magistrate Judge's Report and Recommendation, and STRICKEN from the active docket of this Court.
It is so ORDERED.
The Clerk is directed to mail a copy of this order to the pro se petitioner, certified mail, return receipt requested, and to transmit copies of this Order to all counsel of record.