Opinion
Civil Action No. 3:05CV59, Criminal Action No. 3:99CR42-4.
June 28, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day the above styled case came before the Court for consideration of the Report and Recommendation of Magistrate Judge James E. Seibert, dated April 25, 2006. Neither party filed any objections to the Report. After reviewing the above, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be and is hereby ORDERED adopted. The Court further ORDERS
1) the Report and Recommendation (Document 5 in 3:05CV59 and Document 456 in 3:99CR42) is now ADOPTED;
2) Petitioner's petition (Document 1 in 3:05CV59 and Document 418 in 3:99CR42) is now DENIED and DISMISSED as to Grounds One, Two, and Four; however,
3) the Clerk is DIRECTED NOT to strike this matter from the Court's docket, as the Magistrate Judge will be issuing an additional Report and Recommendation regarding Grounds Four and Five pending the outcome of the evidentiary hearing held on June 21, 2006.
The Clerk is directed to transmit true copies of this Order to the petitioner and all counsel of record herein.