Opinion
08-cv-917 (NG) (VVP).
June 29, 2010
ORDER
On May 6, 2010, the Honorable Viktor V. Pohorelsky, Magistrate Judge, issued a Report and Recommendation (R R) recommending the denial of this petition for a writ of habeas corpus. The petitioner has now filed objections to the R R, and the court has therefore reviewed the petition de novo. Judge Pohorelsky thoroughly analyzed the law applicable to this petition and correctly applied that law to the facts of this case. I further agree with Judge Pohorelsky that, for the reasons stated, no evidentiary hearing is required. The court adopts the R R in its entirety. The petition is denied.
Because petitioner has failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability is denied pursuant to 28 U.S.C. § 2253(c).