Barrett

ORDER

Petitioner, a state prisoner, has filed this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 686 (b)(1)(B) and Local General Order No. 262.

On July 13, 1999, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within ten days.

Respondent has filed objections to the findings and recommendations, petitioner has filed a reply to respondent’s objections, and respondent has filed a surreply brief.

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Local Rule 72-304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court will adopt the Findings and Recommendations. A few additional words about the issue seem appropriate.

Magistrate Judge Moulds’ Findings and Recommendations depart from the conclusions of Magistrate Judge Eick, whose findings and recommendations were adopted in a published opinion, Sperling v. White, 30 F.Supp.2d 1246…