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Leon Newberry v. Kenneth S. Tucker

November 14, 2011

LEON NEWBERRY, PETITIONER,
v.
KENNETH S. TUCKER, RESPONDENT.



The opinion of the court was delivered by: Lacey A. Collier Senior United States District Judge

ORDER

This cause comes on for consideration upon the magistrate judge's report and recommendation dated October 5, 2011. The petitioner has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed.

Having considered the report and recommendation, 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 petition for writ of habeas corpus (doc. 1) is DISMISSED with prejudice.

3. The clerk is directed to close this file.

4. A certificate of appealability is DENIED.

L.A. Collier

20111114

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