ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
WENDELL A. MILES, Senior District Judge.
On September 2, 2008, United States Magistrate Judge Hugh W. Brenneman, Jr. issued a Report and Recommendation ("R & R") recommending that Robert Cleveland Mitchell Ill's petition for writ of habeas corpus be denied. Petitioner has filed objections to the R & R. The court, having reviewed the R & R filed by the
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