Thomas v. Ortiz et al

Filing 102

ORDER. The Magistrate Judges thorough, comprehensive, and well-reasoned recommendation is correct. The Applicants 28 U.S.C. § 2254 Petition 3 is DENIED and the above matter is DISMISSED WITH PREJUDICE. By Judge Lewis T. Babcock on 02/01/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Case No. 07-cv-00114-LTB-MEH MACK W. THOMAS, Plaintiff, v. JOE ORTIZ, Executive Director of D.O.C., and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Defendants. ________________________________________________________________________ ORDER ________________________________________________________________________ This matter is before me on the Recommendation of the Magistrate Judge that Applicant's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (Doc 3) be denied and the action dismissed with prejudice. The Recommendation was issued and served on January 6, 2010. The Applicant has filed timely specific objections to the Magistrate Judge's Recommendation. I have reviewed the Recommendation de novo in light of the Applicant's objections to it and the file and record in this case. On de novo review, I conclude that the Magistrate Judge's thorough, comprehensive, and wellreasoned recommendation is correct. Accordingly IT IS ORDERED that the Applicant's 28 U.S.C. § 2254 Petition (Doc 3) is DENIED and the above matter is DISMISSED WITH PREJUDICE. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge DATED: February 1, 2010