Opinion
Case No. 3:04CV7183.
May 12, 2005
MEMORANDUM OPINION AND ORDER
On March 31, 2004, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging the constitutionality of his criminal conviction. This case was referred to Magistrate Judge George J. Limbert for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and LR 72.1 (Dkt. ##19, 20). On January 25, 2005, Magistrate Judge Limbert filed a report recommending that Petitioner's application for habeas corpus be denied (Dkt. #21). On March 4, 2005, Petitioner filed objections to this recommendation (Dkt. #23).
The Court has reviewed the report and recommendation of the Magistrate Judge, de novo. The Court finds that the report and recommendation (Dkt. #21) is well-supported and that Petitioner's objections are without merit. Therefore, Magistrate Judge Limbert's report and recommendation is hereby ADOPTED and Petitioner's objections are overruled.
Accordingly, Petitioner's Writ of Habeas Corpus is DENIED. Furthermore, 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 that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b).