Opinion
Case No. 4:06CV1301 CDP.
June 18, 2009
MEMORANDUM AND ORDER
This matter is before me on the petition of Kerry Carter for a writ of habeas corpus under 28 U.S.C. § 2254. I referred this matter to United States Magistrate Judge David D. Noce for a report and recommendation on all dispositive and non-dispositive matters pursuant to 28 U.S.C. § 636(b)(1). On May 20, 2009, Judge Noce filed his recommendation that the petition of Mr. Carter for a writ of habeas corpus be denied. The Petitioner has not filed any objections, and his time for doing so has expired.
After careful consideration, I will adopt and sustain the thorough reasoning of Magistrate Judge Noce set forth in support of his Report and Recommendation of May 20, 2009.
Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate Judge [# 13] be adopted in its entirety, and the petition of Kerry Carter for a writ of habeas corpus [#2] be DISMISSED without further proceedings.
IT IS FURTHER ORDERED that no certificate of appealability will be issued, as none of the grounds raised present issues on which reasonable jurists could differ.
A separate judgment will be entered this same date.