Opinion
No. 5:06CV00114 SWW.
July 5, 2006
ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerry Cavaneau and the objections filed in response, and has further reviewed the relevant record de novo. The Findings and Recommendations are adopted in their entirety as this Court's findings.
Accordingly, Respondent's motion to dismiss (docket entry #11) is hereby granted and this 28 U.S.C. § 2254 petition for writ of habeas corpus is dismissed without prejudice to refiling if Petitioner obtains the necessary order from the United States Court of Appeals for the Eighth Circuit.
IT IS SO ORDERED.