Summary
adopting magistrate judge's report and recommendation
Summary of this case from Danny v. Sec'y, DOCOpinion
CASE NO. 4:06cv543-SPM/WCS.
October 29, 2007
ORDER
THIS CAUSE comes before the Court on the magistrate judge's report and recommendation dated September 10, 2007 (doc. 14). No objections have been filed. In accordance with Title 28, United States Code, Section 636(b)(1), I have determined that the report and recommendation should be adopted. Accordingly, it is hereby ORDERED as follows:
1. The magistrate judge's report and recommendation (doc. 14) is ADOPTED and incorporated by reference in this order.
2. The motion to dismiss (doc. 13) is denied. On or before December 31, 2007, Respondent shall file an answer on the merits. Petitioner shall have 30 days after service of the answer to file a reply to the answer.
DONE AND ORDERED.