Opinion
No. 3:19-cv-05295-RBL-DWC
09-06-2019
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Magistrate Judge David W. Christel, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) Petitioner's federal habeas Petition is dismissed without prejudice. Petitioner's Motion Requesting the Court Rule on the Petition ("Motion to Rule on the Petition") (Dkt. 10) is denied as moot without prejudice.
(3) A certificate of appealability is denied in this case.
(4) The Clerk is directed to send copies of this Order to Petitioner, counsel for Respondent, and to the Hon. David W. Christel.
DATED this 6th day of September, 2019.
/s/_________
Ronald B. Leighton
United States District Judge