Opinion
Civil Action 23-cv-5043
08-12-2024
RATTANAK M. SARIK, Petitioner v. THOMAS MCGINLEY, et al., Respondents
ORDER
CHAD F. KENNEY, JUDGE
AND NOW, this 12th day of August 2024, upon consideration of the Petition for Writ of Habeas Corpus (ECF No. 1), the response to the Petition (ECF No. 8), the Report and Recommendation filed by United States Magistrate Judge Elizabeth T. Hey (ECF No. 9), and no objections to the Report and Recommendation having been filed, and after a thorough and independent review of the record, it is ORDERED that:
1. The Report and Recommendation of Magistrate Judge Elizabeth T. Hey is APPROVED and ADOPTED.
2. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE; and
3. No certificate of appealability shall issue because the petitioner has not made a substantial showing of the denial of a constitutional right under 28 U.S.C. § 2253(c)(2).