Opinion
Civil Case No. 07-cv-02653-LTB-KLM.
June 22, 2009
ORDER
In this 28 U.S.C. § 2254 proceeding, on April 30, 2009, the Magistrate Judge issued and served her Recommendation that the Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 be denied and the case dismissed with prejudice. Applicant has failed to file specific written objections to the Recommendation and therefore is barred from de novo review. On May 8, 2009, Respondents filed their pleading titled "Objection to Magistrate's Recommendation". In it they do not object to the recommendation that the application be denied and the case dismissed. But they object to the Magistrate Judge's reaching the merits concerning Applicant's claim of denial of equal protection contending that no clearly established authority exists under that claim. Respondents' "Objection" is noted but does not affect the resolution recommended by the Magistrate Judge. Accordingly
IT IS ORDERED that the Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 is DENIED and the above action is DISMISSED WITH PREJUDICE.