Mickey: Gigabyte GA EX58 UD4P + Xeon X5675, Restart doesn't Work

As title says I recently just build a new PC using a gigabyte GA EX58 UD4P with a xeon X5675, everytime i go into windows start menu to restart, it doesn't restart, just logs me out and gives me black screen, the issue is endemic to the x5675 in my case, as when i tried a i7 920, restart worked as normally.

I have tried:
DISM Fix
SFC scan fix
disabling sleep/hiberanate
troubleshoot power
clearing cmos/
tried different versions of bios.

please help

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