Luther v. Vanyur

ORDER

BRITT, District Judge.

On 8 October 1997, Magistrate Judge Alexander B. Denson filed his Memorandum and Recommendation (M & R) in the above-captioned case in which he recommended that respondent’s motion for summary judgment be denied, that petitioner’s motion for summary judgment be allowed and that the writ of habeas corpus issue. Respondent filed objections to the M & R on 24 November 1997.

The court has conducted the required de novo review of the M & R, paying specific attention to the portions of the M & R to which respondent objected. Respondent’s objections are without merit, and…