SMITH v. TENNIS

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.