Smith v. Milyard et al

Filing 42

ORDER. The recommendation is accepted, the Application for a Writ ofHabeas Corpus pursuant to 28 U.S.C. § 2254 is DENIED 5 and this action is DISMISSED. By Judge Lewis T. Babcock on 09/28/2009.(sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 08-cv-00922-LTB-KLM NICKY L. SMITH, Plaintiff, v. WARDEN MILYARD, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Defendants. ________________________________________________________________________ ORDER ________________________________________________________________________ This case is before me on the recommendation of the Magistrate Judge issued and served on September 1, 2009 (Doc 41). Plaintiff has failed to file specific written objections to the Magistrate Judge's recommendation and is therefore barred from de novo review. Accordingly, it is ORDERED that the recommendation is accepted, the Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 is DENIED (Doc 5) and this action is DISMISSED. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge DATED: September 28, 2009 1

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