Opinion
3:22-cv-05750-TMC-GJL
12-01-2023
KEVIN ANTHONY RED, Petitioner, v. JASON BENNETT, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
TIFFANY M. CARTWRIGHT United States District Judge.
The Court, having reviewed the Report and Recommendation (“R&R”) of Magistrate Judge Grady J. Leupold, objections to the R&R, if any, and the remaining record, does hereby find and ORDER:
(1) The R&R is ADOPTED.
(2) Petitioner's federal habeas Petition is dismissed without prejudice for failure to prosecute.
(3) A certificate of appealability is denied in this case.
(4) The Clerk is directed to send copies of this Order to Petitioner, counsel for Respondent, and to the Hon. Grady J. Leupold.