Citation Codes Equivalent Citations citation codes Docket Number CV 106-001. Motions Motion to dismiss : Denied Judges Dudley Hollingsworth Bowen See more information ... Smart Summary Please sign up to generate summary. DANIEL CURREAN DOWNING, Petitioner, v. KEVIN ROBERTS, Respondent. ORDER DUDLEY BOWEN JR., District Judge After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Respondent's motion to dismiss (doc. no. 10) is DENIED. Respondent should file his brief on the merits of the petition within thirty (30) days of the date of this Order. SO ORDERED at Augusta, Georgia.