September 24, 2013
David Allen Caroon, Petitioner,
Warden Steve Hammer, Respondent.
MICHAEL J. DAVIS, District Judge.
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated July 3, 2013, all the files and records, and no objections having been filed to said Report and Recommendation,
IT IS HEREBY ORDERED that:
1. Petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, (Docket No. 1), is DENIED;
2. Petitioner's application for leave to proceed in forma pauperis, ("IFP), (Docket No. 4) is DENIED;
3. Petitioner's "Motion to Bar the State from Responding to Arguement [sic], " (Docket No. 5), is DENIED;
4. Petitioner's "Motion for Acquittal, " (Docket No. 6), is DENIED;
5. Petitioner's "Motion to Vacate Conviction and Judgement, " (Docket No. 7), is DENIED;
6. This action is summarily DISMISSED WITHOUT PREJUDICE FOR LACK OF JURISDICTION; and
7. Petitioner is NOT granted a Certificate of Appealability.