CIVIL ACTION NO. 1:17-cv-561 (WOB-MRM)
This matter is before the Court on the Report and Recommendation of the United States Magistrate Judge (Doc. 9), and having considered de novo those objections filed thereto by Petitioner (Doc. 10), and the Court being sufficiently advised,
IT IS ORDERED that the objections (Doc. 10) to the Report and Recommendation be, and hereby are, overruled. That the Report and Recommendation of the Magistrate Judge (Doc. 9) be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; and therefore respondent's motion to dismiss (Doc.6) be, and hereby is, GRANTED. That petitioner's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 2), is DISMISSED WITHOUT PREJUDICE. A certificate of appealability shall not issue with respect to the claims alleged in the petition. Pursuant to 28 U.S.C. § 1915(a)(3), any application by petitioner to proceed on appeal in forma pauperis would be not be taken in "good faith."
This 6th day of September, 2018.
William O . Bertelsman
United States District Judge