Opinion
CIVIL ACTION NO. 11-5773
01-30-2013
ORDER
AND NOW, this 30th day of January, 2013, upon careful and independent consideration of the petition for a writ of habeas corpus, the response, Petitioner's reply to the response, and available state court records, and after review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, and Petitioner's objections thereto, IT IS ORDERED that:
1. Petitioner's Objections to the Report and Recommendation are DENIED.
2. The Report and Recommendation is APPROVED and ADOPTED.
3. The petition for a writ of habeas corpus is DENIED.
4. A certificate of appealability SHALL NOT issue, in that the Petitioner has not made a substantial showing of the denial of a constitutional right nor demonstrated that a reasonable jurist would debate the correctness of this ruling. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and
5. The Clerk of Court shall mark this case CLOSED for statistical purposes.
BY THE COURT:
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ROBERT F. KELLY
SENIOR JUDGE