Opinion
CIVIL ACTION No. 03-5933
April 9, 2004
ORDER
AND NOW, this 9th day of April, 2004, upon careful and independent consideration of Ismael Alvelo's first pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 and the memorandum accompanying his petition (collectively, docket entry #1), his second pro se petition for writ of habeas corpus (docket entry # 3), the Commonwealth's response thereto, and the Report and Recommendation of the Honorable Peter B. Scuderi (docket entry # 9), to which the parties have not objected, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petitions for writ of habeas corpus are DENIED;
3. We DECLINE to issue a certificate of appealability; and
4. The Clerk shall CLOSE this civil action statistically.