GRIFFIN v. BUTTERWORTH

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.