Case No. 3:10cv240/LAC/EMT.
June 1, 2011
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated May 20, 2011 (Doc. 42). 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 the objections filed.
Having considered the Report and Recommendation, and the timely filed objections thereto, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Respondent's motion to dismiss (Doc. 37) is GRANTED on the ground that the amended petition fails to properly present grounds demonstrating a basis for habeas relief.
3. The amended petition for writ of habeas corpus (Doc. 10) is DISMISSED without prejudice to Petitioner's filing a second amended petition.
4. This matter is referred to the assigned magistrate judge for issuance of an order directing Petitioner to file a second amended petition.
5. Petitioner is instructed not to file a second amended petition until directed to do so by the assigned magistrate judge.
DONE AND ORDERED.