ROGER VINSON, District Judge
This cause comes on for consideration uponthe magistrate judge's report and recommendation dated September 20, 2010. The petitioner has been furnished a copy of the report and recommendation and bs been afforded an opportunityto file objections pursuant to Title 28, United St ates Code, Section 636(b)(1), and I have made a de nov o determination of those portions to w hich an objection has been made.
Having considered the report and recommendation and all 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 petition (doc. 1), construed as a § 2254 petition, is DISMISSED.
3. The petition (doc. 1), construed as a Rule 60(b) motion for relief from judgment, is DENIED and this case is DISMISSED.
4. The clerk is directed to close the file.
5. A certificate of appealability is DENIED.
DONE AND ORDERED this 5th day of October, 2010.