OPINION AND ORDER
SWAIN, District Judge.
On May 21, 2001, Magistrate Judge James C. Francis, IV, issued a Report and Recommendation ("Report") recommending that this petition for a writ of habeas corpus under 28 U.S.C. § 2254 be denied. In reviewing the report and recommendation, a court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C.A § 636(b)(1)(C)
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