Opinion
04 Civ. 10152 (PAC)(GWG).
July 5, 2006
MEMORANDUM ORDER
The Court has received United States Magistrate Judge Gabriel W. Gorenstein's 20-page Report and Recommendation, dated April 28, 2006. The Magistrate Judge directed that written objections be filed within ten days; but Petitioner filed no objections. Respondent urged that the Report and Recommendation be adopted.
Upon the Court's review of the briefs filed, the record, as well as the thorough and comprehensive Report and Recommendation, the Court adopts the Report and Recommendation as its opinion, and accordingly, denies the writ of habeas corpus.
The Clerk is directed to enter an Order closing the case.
Pursuant to 28 U.S.C. § 1915(a)(3), any appeal would not be taken in good faith. Further, as Petitioner has not made a substantial showing of the denial of a constitutional right, the Court will not issue a certificate of appealability.