BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE
ORDER ADOPTING REPORT AND RECOMMENDATION
BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE
The Court, having reviewed the Report and Recommendation of Magistrate Judge Grady J. Leupold, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) Petitioner's federal habeas Petition is dismissed without prejudice for failure to prosecute.
(3) The Clerk of Court is directed to close this case.
(4) The Clerk is directed to send copies of this Order to Petitioner and to the Hon. Grady J. Leupold.