July 29, 2013
PETER SPANN, Petitioner,
ROBERT COLLINS, et al., Respondents.
EDUARDO C. ROBRENO, District Judge.
AND NOW, this 29th day of July, 2013, it is hereby ORDERED as follows:
(1) The Report and Recommendation (ECF No. 14) is APPROVED in part and ADOPTED in part, consistent with the accompanying Memorandum Opinion;
(2) Petitioner's Objections to the Report and Recommendation (ECF No. 17) are OVERRULED;
(3) Respondent's Objections (ECF No. 15) are SUSTAINED;
(4) The Petition for a Writ of Habeas Corpus (ECF No. 1) is DENIED and DISMISSED with prejudice;
(5) A Certificate of Appealability shall not issue; and
(4) The Clerk of Court shall mark this case CLOSED. AND IT IS SO ORDERED.