Opinion
Civil Action No. 3:05CV29.
September 29, 2006
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 (Doc. No. 36), dated July 24, 2006, and the petitioner's corresponding objections (Doc. No. 39), filed September 18, 2006. After conducting a de novo review of the above, in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be, and is, ORDERED adopted. Based on the reasons set forth in the Magistrate Judge's Report and Recommendation,
The Court further ORDERS
1. That petitioner's Motion for Leave to Amend is DENIED;
2. That respondent's Motion to Dismiss and Motion for Summary Judgment is GRANTED; and
3. That petitioner's 28 U.S.C. § 2254 petition is hereby DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that this action be, and hereby is, STRICKEN from the active docket of this Court.
Doc. No. 21.
Doc. No. 15.
The Clerk is directed to transmit true copies of this Order to the petitioner and all counsel of record herein.