Opinion
CIVIL ACTION NO. 08-1703.
December 11, 2008
ORDER
AND NOW, this 11th day of December, 2008, upon consideration of the pleadings and record herein and after review of the Report and Recommendation of Chief Magistrate Judge Thomas J. Rueter, along with Petitioner's Objection to the Report and Recommendation (Document #13) filed on October 10, 2008, as well as Respondents' Response to Petitioner's Objections (Document #18) filed on November 19, 2008, it is hereby ORDERED that:
I have undertaken a de novo review as required by 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b).
1) Petitioner's objections to Magistrate Judge Rueter's Report and Recommendation are overruled;
2) the Report and Recommendation are APPROVED and ADOPTED;
3) the petition for a writ of habeas corpus is DENIED; and
4) there is no probable cause to issue a certificate of appealability.