Filed: Oct. 06, 2014
Latest Update: Oct. 06, 2014
Summary: ORDER M. CASEY RODGERS, Chief District Judge. This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated September 2, 2014 (doc. 32). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any
Summary: ORDER M. CASEY RODGERS, Chief District Judge. This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated September 2, 2014 (doc. 32). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any o..
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ORDER
M. CASEY RODGERS, Chief District Judge.
This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated September 2, 2014 (doc. 32). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The chief magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Respondent's motion to dismiss (doc. 24) is GRANTED.
3. Petitioner's amended habeas petition (doc. 5) is DISMISSED for lack of jurisdiction, pursuant to 28 U.S.C. § 2244(b).
4. All pending motions are DENIED as moot.
5. A certificate of appealability is DENIED.
DONE AND ORDERED.
