Opinion
CIVIL ACTION No. 03-1578
March 12, 2004
ORDER
AND NOW, this ___ day of, ________, 2004, upon consideration of Petitioner's pro se Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2241, the Commonwealth's Response, inclusive of all exhibits thereto, Petitioner's Motion To Withdraw
This Action, the record herein, and after review of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells, it is hereby ORDERED that:
1. Report and Recommendation is APPROVED and ADOPTED;
2. Plaintiff's Motion to Withdraw his Petition for Habeas Corpus is GRANTED;
3. The Petition for Writ of Habeas Corpus is WITHDRAWN AS MOOT; and
4. Petitioner has failed to make a showing of a denial of a constitutional right, in that he admits that the problem has been rectified. Thus, a certificate of appealability is DENIED.
IT IS SO ORDERED.