Opinion
Civil Action No. 04-2371.
December 20, 2004
ORDER
AND NOW, this day of, 2004, upon consideration of the Petition for Writ of Habeas Corpus and the Commonwealth's Answer, inclusive of all exhibits hereto, and the record herein, and after 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. This Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, is DENIED and DISMISSED without an evidentiary hearing;
3. Petitioner has failed to make a showing of a denial of a constitutional right, thus, a certificate of appealability shall not be issued.
IT IS SO ORDERED.