King

ORDER ADOPTING FIRST REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. Section 636 , the Court has reviewed the Petition and other papers along with the attached First Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, and has made a de novo determination.

IT IS ORDERED that (1) the First Report and Recommendation is approved and adopted; (2) the First Report and Recommendation is adopted as the findings of fact and conclusions of law herein; (3) petitioner’s request to strike or dismiss Ground Seven is granted; (4) Ground One is found to be procedurally barred, and respondent’s motion to dismiss Ground One is granted; (5) Grounds Five and Six are found not to be procedurally barred, and respondent’s motion to dismiss Grounds Five and Six is denied; (6) Grounds Three, Ten and Eleven are found not to be cognizable on habeas review, and respondent’s motion to dismiss Grounds Three, Ten and Eleven is granted; and (7) respondent shall file an answer addressing the merits of Grounds Two, Four, Five, Six, Eight and Nine, no later than thirty (30) days from the date of this Order.

IT IS FURTHER ORDERED that the Clerk shall…