Opinion
CIVIL ACTION NO. 10-5658.
January 28, 2011
ORDER
AND NOW, this 28 day of Jan, 2011, upon careful and independent consideration of the petition for writ of habeas corpus, and after review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey, and objections IT IS ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for a writ of habeas corpus is DISMISSED without prejudice;
3. There is no basis for the issuance of a certificate of appealability.