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Vogelsang v. Martel

January 7, 2009

GREGORY LEE VOGELSANG, PETITIONER,
v.
MICHAEL MARTEL, RESPONDENT.



The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER

On November 18, 2008, the court adopted the October 31, 2008 findings and recommendations of the magistrate judge assigned to this case and dismissed petitioner's application for writ of habeas corpus without prejudice. After judgment was entered, the court received objections to the findings and recommendations from petitioner. Because it appears the objections were timely, the court will vacate the November 18, 2008 order and consider plaintiff's objections.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations filed by the magistrate judge on October 31, 2008 are supported by the record and by proper analysis. Therefore, despite petitioner's objections to the findings and recommendations, the court will recommend that this action be dismissed without prejudice.

Accordingly, IT IS HEREBY ORDERED that:

1. The order entered by this court on November 18, 2008 is vacated;

2. The findings and recommendations filed October 31, 2008, are adopted in full; and

3. This action is dismissed without prejudice.

20090107

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