Opinion
2:23-CV-00685-CCW-MPK
11-15-2023
MEMORANDUM ORDER
CHRISTY CRISWELL WIEGAND UNITED STATES DISTRICT JUDGE
This case has been referred to United States Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Local Rule of Civil Procedure 72.
On September 29, 2023, the Magistrate Judge issued a Report, ECF No. 9, recommending that Petitioner Sean Moffitt's Petition for a Writ of Habeas Corpus, ECF No. 8, be dismissed sua sponte and a certificate of appealability be denied. Service of the Report and Recommendation (“R&R”) was made on the parties, and Mr. Moffitt has filed Objections. See ECF No. 12.
After a de novo review of the pleadings and documents in the case, together with the R&R and the Objections thereto, it is hereby ORDERED that the Petition for a Writ of Habeas Corpus, ECF No. 8, is dismissed without prejudice, no certificate of appealability will be issued, and the R&R, ECF No. 9, is adopted as the Opinion of the District Court.
IT IS SO ORDERED.