Opinion
Case No.: 3:13cv3/RV/EMT
04-11-2013
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated March 5, 2013, and the Supplement thereto dated March 25, 2013 (docs. 8, 11). Petitioner has been furnished a copy of the Report and Recommendation and Supplement, and has 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, as supplemented, and the timely filed objections thereto (doc.12), I have determined that the Report and Recommendation, as supplemented, should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation, as supplemented, is adopted and incorporated by reference in this order.
2. The habeas action is DISMISSED for lack of jurisdiction.
3. A certificate of appealability is DENIED.
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ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE