Opinion
CASE NO. 1:08 CV 1808.
June 19, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court upon the Report and Recommendation of Magistrate Judge Nancy A. Vecchiarelli. The Report and Recommendation (ECF #14) is hereby ADOPTED. Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on July 17, 2008 challenging the state court's denial of his request for a delayed appeal and his request to withdraw plea, and asserting violations of his constitutional rights stemming from allegedly improper sentencing enhancements, and an allegation of ineffective assistance by appellate counsel. (ECF #1). Magistrate Judge Vecchiarelli found that the petitioner's claims lacked merit and that the Petition, therefore, should be denied. The Petitioner timely filed objections to the Magistrate's findings. (ECF #15).
The Court has reviewed de novo those portions of the Magistrate Judge's Report and Recommendation to which objection has been made. See FED. R. CIV. P. 72(b). The Court finds Magistrate Judge Vecchiarelli's Report and Recommendation to be thorough, well-supported, and correct. The Court finds that Petitioner's objections raise no arguments (factual or legal) that have not been fully addressed by the Magistrate's Report and Recommendation.
The Magistrate's Report and Recommendation fully and correctly addresses all of the Petitioner's claims and the Petitioners objections are unwarranted. This Court, therefore, adopts the Magistrate's Report in its entirety. Further, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c): FED. R. APP. P. 22(b). Petitioner's motion for habeas corpus is hereby DENIED. IT IS SO ORDERED.