Opinion
CASE NO. C07-0599-JCC.
October 2, 2007
ORDER
The Court, having reviewed petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, respondent's answer, petitioner's response, the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, any objections thereto, and the balance of the record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation (Dkt. No. 39);
(2) Petitioner's petition for a writ of habeas corpus (Dkt. No. 4) is DENIED with prejudice; and
(3) The Clerk is directed to send a copy of this Order to petitioner, to counsel for respondent, and to Judge Theiler.