Summary
finding no prejudice in light of substantial evidence against petitioner, including petitioner's incriminating statement to the police and eyewitness testimony against him
Summary of this case from United States v. EzellOpinion
CIVIL ACTION NO. 06-5629.
May 29, 2008
ORDER
AND NOW, this 29th day of May, 2008, upon careful and independent consideration of the Petition for Writ of Habeas Corpus, the Responses thereto, and after review of the Report and Recommendation ("R R") of United States Magistrate Judge Henry S. Perkin dated March 11, 2008, IT IS HEREBY ORDERED that:
1. the R R is APPROVED and ADOPTED;
2. the Petition for Writ of Habeas Corpus is DENIED with prejudice and DISMISSED without an evidentiary hearing; and
3. there is no probable cause to issue a certificate of appealability.
No objections were filed.