Opinion
Case No.: 3:09cv411/MCR/EMT
09-06-2012
JOHN DANIEL FRANCES, Petitioner, v. KENNETH S. TUCKER, Respondent.
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated February 6, 2012 (doc. 68). 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 magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. The amended petition for writ of habeas corpus (doc. 44) is DENIED.
3. A certificate of appealability is DENIED.
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M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE