Opinion
12-4000
02-15-2013
CIVIL ACTION
ORDER
AND NOW, this 15th day of February, 2013, upon consideration of the Petition for Writ of Habeas Corpus, the Respondents' Motion, inclusive of all exhibits thereto, and after review of the Report and Recommendation of Chief United States Magistrate Judge Carol Sandra Moore Wells, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. Petition for Writ of Habeas Corpus is DISMISSED without an evidentiary hearing; and
3. Petitioner has not met statutory requirements to have his case heard and no reasonable jurist could find this procedural ruling debatable; thus, a certificate of appealability is DENIED.
BY THE COURT:
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MITCHELL S. GOLDBERG , J.