Opinion
CIVIL ACTION NO. 09-5539
09-23-2011
MICHAEL STATON v. PAUL SMEAL
ORDER
AND NOW, this 23rd day of September, 2011, upon consideration of the Petition for Writ of Habeas Corpus (Document No. 2), the Respondents' Answer to Petition for Writ of Habeas Corpus (Document No. 19), the Report and Recommendation filed by United States Magistrate Judge Lynne A. Sitarski (Document No. 20) and the petitioner's objections to the Report and Recommendation (Document No. 23), and after a thorough and independent review of the record, it is ORDERED that:
1. The petitioner's objections are OVERRULED;
2. The Report and Recommendation of Magistrate Judge Sitarski is APPROVED and ADOPTED;
3. The Petition for Writ of Habeas Corpus is DENIED; and,
4. There is no probable cause to issue a certificate of appealability.
Timothy J. Savage
TIMOTHY J. SAVAGE, J.