Opinion
Case No. 09-14200-CIV-GRAHAM.
July 28, 2009
ORDER
THIS CAUSE comes before the Court upon Petitioner's Motion to Vacate Under 28 U.S.C. § 2254 [D.E. 1].
THE MATTER was referred to the Honorable United States Magistrate Judge Patrick A. White by Clerk's Order [D.E. 3]. The Magistrate Judge issued a Report recommending that Petitioner's motion be denied [D.E. 5]. Petitioner has filed objections [D.E. 6].
THE COURT has conducted an independent review of the record and is otherwise fully advised in the premises. Based thereon, it is hereby
ORDERED AND ADJUDGED that the Magistrate Judge's Report and Recommendation [D.E. 5] is AFFIRMED, ADOPTED AND RATIFIED in its entirety. It is further ORDERED AND ADJUDGED that Movant's Motion to Vacate Under 28 U.S.C. § 2254 [D.E. 1] is DISMISSED WITHOUT PREJUDICE, except as to any application of the federal statute of limitations or other federal procedural bars that may apply. It is further
ORDERED AND ADJUDGED that this case is CLOSED and any pending motions are DENIED as moot.
DONE AND ORDERED in Chambers at Miami, Florida.