Opinion
Civil Action No. 05-2086.
May 11, 2006
ORDER
AND NOW, this 10th day of May, 2006, upon consideration of the Petition for Writ of Habeas Corpus filed by petitioner, Rafael Droz, pursuant to 28 U.S.C. § 2254, and the record in this case, and after review of the Report and Recommendation of United States Magistrate Judge Diane M. Welsh dated September 29, 2005, Petitioner's Objection[s] to Report and Recommendation, and Response to Petitioner's Objections to Report and Recommendation, IT IS ORDERED as follows:
United States Magistrate Judge Diane M. Welsh retired from the Federal Bench on October 1, 2005.
1. The Report and Recommendation of United States Magistrate Judge Diane M. Welsh dated September 29, 2005, is APPROVED and ADOPTED;
The Court notes that the citation to the Supreme Court decision in Pace v. DiGuglielmo at page 4 of the Report and Recommendation should be corrected to read "544 U.S. 408 (2005)."
2. Petitioner's Objection[s] to the Report and Recommendation are OVERRULED;
3. The Petition for Writ of Habeas Corpus filed by petitioner, Rafael Droz, pursuant to 28 U.S.C. § 2254 is DISMISSED; and,
4. A certificate of appealability will not issue on the ground that petitioner has not made a substantial showing of a denial of a constitutional right as required under 28 U.S.C. § 2253(c)(2).