Franklin v. Ferguson

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