DOWNING v. ROBERTS

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.