Opinion
CIVIL ACTION NO. 07-2445.
December 19, 2007
ORDER
AND NOW, this 19th day of December, 2007, upon consideration of the petition for writ of habeas corpus, the Response of the Commonwealth, and after careful and independent review of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for writ of habeas corpus is DENIED and DISMISSED without an evidentiary hearing; and
3. The petitioner has not met the statutory requirements to have his case heard and no reasonable jurist could find this procedural ruling debatable; thus, a certificate of appealability is DENIED.
The Clerk of Court is directed to mark this case closed for all purposes.