Opinion
Civil Action 08-CV-02948.
November 6, 2008
ORDER
NOW, this 5th day of November, 2008, upon consideration of the Petition for Writ of Habeas Corpus filed July 17, 2008 by petitioner pro se; upon consideration of the Answer of the District Attorney of Chester County to Petition for Writ of Habeas Corpus, which response was filed August 25, 2008; upon consideration of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice filed October 6, 2008; it appearing that as of the date of this Order, petitioner has not filed any objections to the Report and Recommendation of Magistrate Judge Rice; it further appearing after review of this matter that Magistrate Judge Rice's Report and Recommendation correctly determined the legal and factual issues presented in the petition for habeas corpus relief,
IT IS ORDERED that Magistrate Judge Rice's Report and Recommendation is approved and adopted.
IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus is denied with prejudice and without an evidentiary hearing.
IT IS FURTHER ORDERED that because petitioner has not met statutory requirements to have his case heard, and no reasonable jurist could find this procedural ruling debatable, and because petitioner fails to demonstrate denial of a constitutional right, there is no probable cause to issue a certificate of appealability, and therefore a certificate of appealability is denied.
IT IS FURTHER ORDERED that the Clerk of Court shall mark this matter closed for statistical purposes.