Opinion
Case No. C05-1541-JLR.
May 26, 2006
ORDER DENYING PETITIONER'S HABEAS PETITION WITHOUT PREJUDICE
The Court, having reviewed petitioner's petition for writ of habeas corpus, respondent's answer thereto, the Report and Recommendation of Mary Alice Theiler, United States Magistrate Judge, and the remaining record, does hereby find and Order:
(1) The Court adopts the Report and Recommendation;
(2) Petitioner's habeas petition and this action are DISMISSED, without prejudice; and,
(3) The Clerk is directed to send copies of this Order to petitioner, to counsel for respondent, and to Judge Theiler.