December 18, 2013
HARVEY P. SHORT, Petitioner,
DANIEL P. BURNS, et al., Respondents
LAWRENCE F. STENGEL, District Judge.
AND NOW, this 17th day of December, 2013, upon careful and independent consideration of the petition for writ of habeas corpus (Document #1), and after review of the thorough and well-reasoned Report and Recommendation of United States Magistrate Judge Timothy R. Rice (Document #18), IT IS HEREBY ORDERED that:
1. The petitioner's objections (Document #23) are OVERRULED.
2. The Report and Recommendation is APPROVED and ADOPTED.
3. The petition for writ of habeas corpus is DISMISSED without prejudice.
4. The petitioner's motion for the issuance of a subpoena duces tecum (Documents #14 and #15) is DENIED.
5. The petitioner's motion for the production of mental health records (Document #20) is DENIED.
6. There is no probable cause to issue a certificate of appealability.
7. The Clerk of Court is directed to mark this case CLOSED for all purposes.