Opinion
Case No. 3:08cv418/RV/EMT.
February 10, 2011
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated December 29, 2010 (Doc. 38). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections.
Having considered the Report and Recommendation, and any timely filed objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. The amended petition for writ of habeas corpus (Doc. 13) is DENIED.
3. A certificate of appealability is DENIED. DONE AND ORDERED this 9th day of February, 2011.