ORDER
JOHN P. FULLAM, District Judge.
AND NOW, this 9th day of February, 2009, upon careful and independent consideration of the petition for a writ of habeas corpus, and after review of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice, IT IS ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED.
2. The petition for a writ of habeas corpus is (A) GRANTED in part as to Hayman's conviction...
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