Citation Codes Equivalent Citations citation codes Docket Number CIVIL ACTION NO. 08-0050. Judges Timothy J. Savage See more information ... Smart Summary Please sign up to generate summary. BENJAMIN SMITH v. FRANKLIN TENNIS, et al. ORDER TIMOTHY SAVAGE, District Judge AND NOW, this 1st day of April, 2009, upon consideration of the Petition for Writ of Habeas Corpus (Document No. 1), the Respondents' Answer to Petition for Writ of Habeas Corpus (Document No. 13), the Report and Recommendation filed by United States Magistrate Judge L. Felipe Restrepo and no objections to the Report and Recommendation having been filed, and after a thorough and independent review of the record, it is ORDERED that: 1. The Report and Recommendation of Magistrate Judge Restrepo is APPROVED and ADOPTED; 2. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE; and, 3. There is no probable cause to issue a certificate of appealability.