Opinion
NO. 3:00-CV-310-X
February 7, 2001
ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After making an independent review of the pleadings, files and records in this case, and the findings, conclusions and recommendation of the United States Magistrate Judge, the Court finds that the findings and conclusions of the Magistrate Judge are correct and they are adopted as the findings and conclusions of the Court. Respondent's Motion to Dismiss for Failure to Exhaust State Court Remedies and request to hold Petitioner's claims procedurally defaulted are DENIED. Respondent shall answer Petitioner's Amended Petitioner for Writ of Habeas Corpus, filed May 15, 2000, on the merits and shall address each and every issue raised in the amended petition. The answer shall be filed no later than thirty days from the date of this order. No extensions of time to answer will be granted.