Opinion
C.A. 08-408ML.
January 30, 2009
ORDER
The Findings and Recommendation of United States Magistrate Judge David L. Martin dated January 7, 2009 in the above-captioned matter is accepted pursuant to Title 28 United States Code § 636(b)(1). The respondent's Motion to Dismiss is ruled moot and the petitioner's Motion to Withdraw the Petition under 28 U.S.C. § 2254 is GRANTED and the petition is dismissed without prejudice.