O'Donnell v. Zavaras

Full title: CARL N. O'DONNELL, Plaintiff, v. ARI ZAVARAS, Executive Director of…

Court: United States District Court, D. Colorado

Date published: Jan 17, 2008

Civil Case No. 07-cv-00766-LTB-CBS (D. Colo. Jan. 17, 2008)

Opinion

Civil Case No. 07-cv-00766-LTB-CBS.

January 17, 2008

ORDER

LEWIS BABCOCK, Chief District Judge

This case is before me on the Recommendation of the Magistrate Judge that Applicant's Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. Section 2254 (Doc 2) be denied and the action dismissed with prejudice. Applicant has now filed specific and timely objections to the Magistrate Judge's recommendation coupled with his motion to either stay the action or dismiss it without prejudice. I have reviewed the objections to the recommendation de novo in light of the file and record in this case. On de novo review, I conclude that the recommendation is correct in all respects. Having concluded that the recommendation is correct in all respects, I discern no basis to either stay the action or dismiss without prejudice. Of course, Applicant may seek appellate review before the Tenth Circuit Court of Appeals.

Accordingly

IT IS ORDERED that Applicant's 28 U.S.C. Section 2254 Petition (Doc 2) is DENIED and the above action is DISMISSED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED that Applicant's Motion in the Alternative to Stay the Action or Dismiss Without Prejudice (Doc 17) is DENIED.