BENJAMIN H. SETTLE United States District Judge
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable David W. Christel, United States Magistrate Judge. Dkt. 22. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The R&R is ADOPTED;
(2) Respondent's Motion to Dismiss is GRANTED;
(3) Petitioner's federal habeas petition is DISMISSED with prejudice;
(4) A certificate of appealability is DENIED;
(5) Petitioner's in forma pauperis status is REVOKED on appeal; and
(6) The Clerk shall enter JUDGMENT and close this case.
Dated this 3rd day of June, 2019.
/s/_________
BENJAMIN H. SETTLE
United States District Judge