Opinion
CIVIL ACTION NO. 06-1435
11-14-2012
CARLOS SATIZABAL, Petitioner, v. LOUIS FOLINO, et al. Respondents.
ORDER
AND NOW, this 13th day of November 2012, upon careful and independent consideration of the Petition for Writ of Habeas Corpus, the briefs, and the state court record, and upon review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa [Doc. No. 33] and the objections and responses thereto, and pursuant to the Judgment of the Court of Appeals [Doc. No. 26], it is hereby ORDERED that:
1. The Report and Recommendation [Doc. No. 33] is APPROVED and ADOPTED;
2. The Objections are OVERRULED;
3. The Petition for Writ of Habeas Corpus is DENIED and DISMISSED;
4. The Motion for Stay and Abeyance [Doc. No. 40] is DISMISSED AS MOOT;
5. The Motion to Amend [Doc. No. 41] is DENIED;
6. There is no probable cause to issue a certificate of appealability; and
7. The Clerk of Court is directed to CLOSE the case.
It is so ORDERED.
BY THE COURT:
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CYNTHIA M. RUFE , J.