Opinion
CIVIL ACTION NO. 3:06-71-KKC.
April 29, 2008
ORDER
On October 12, 2006, Petitioner Rodney Lewis Newcomb filed his petition for a writ of habeas corpus [R. 1], and on October 29, 2007, the Respondent filed his second Motion to Dismiss [R. 28]. Consistent with local practice, this matter was referred to the United States Magistrate Judge for consideration.
Respondent's first Motion to Dismiss was denied on September 28, 2007.
The Magistrate Judge filed a proposed Report and Recommendation on April 7, 2008 [R. 34]. Based on a review of the record and the applicable case law, the Magistrate Judge concluded that the petition for a writ of habeas corpus should be denied and that this action should be dismissed with prejudice. The Petitioner made no objections to the Report and Recommendation.
Accordingly, the Court, being fully and sufficiently advised, HEREBY ORDERS that:
(1) The Magistrate Judge's Report and Recommendation is ADOPTED as the Opinion of the Court;
(2) The Petition for a Writ of Habeas Corpus is DENIED; and
(3) This action is DISMISSED WITH PREJUDICE.