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Sheppard v. White

April 30, 2010

EDWIN LEROY SHEPPARD, PETITIONER,
v.
WARDEN JEFF WHITE, RESPONDENT.



The opinion of the court was delivered by: Robert Holmes Bell United States District Judge

HON. ROBERT HOLMES BELL

ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

On December 23, 2009, Magistrate Judge Timothy P. Greeley issued a Report and Recommendation ("R&R") recommending that Petitioner Edwin Leroy Sheppard's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 be denied. (Dkt. No. 42, R&R.) The R&R was duly served on the parties. More than ten days have elapsed since service of the R&R and no objections have been filed. Instead, on January 14, 2010, Petitioner filed a proposed amended petition for writ of habeas corpus. (Dkt. No. 43.)

The Court has reviewed the R&R and is satisfied with its disposition of the case. The Court has also reviewed Petitioner's proposed amended petition. The proposed amended petition (Dkt. No. 43) is actually a proposed second amended petition. Petitioner filed a first amended petition before the R&R was entered. (Dkt. No. 39.) Petitioner's proposed second amended petition is identical to his first amended petition, except that certain paragraphs have been redacted. Petitioner's proposed second amended petition does not raise any specific objections to the R&R, nor would consideration of the proposed second amended petition call for a different analysis or a different result than that proposed in the R&R. Accordingly,

IT IS HEREBY ORDERED that the December 23, 2009, R&R (Dkt. No. 42) is APPROVED and ADOPTED as the opinion of the Court.

IT IS FURTHER ORDERED that Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, as amended (Dkt. Nos. 1, 39) is DENIED.

IT IS FURTHER ORDERED that a certificate of appealability is DENIED. 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473 (2000).

20100430

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