Opinion
Civil Action No. 04-0896.
November 9, 2004
ORDER
AND NOW, this 9th day of November, 2004, upon consideration of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, and after review of the Report and Recommendation of United States Magistrate Judge Peter B. Scuderi, and any objections made thereto, IT IS ORDERED that:
For some reason Magistrate Judge Scuderi's Report and Recommendation did not arrive at my Chambers until November 9, 2004. The delay was in no way attributable to Magistrate Judge Scuderi.
1. The Report and Recommendation is APPROVED and ADOPTED.
2. The petition filed pursuant to 28 U.S.C. § 2254 is DISMISSED.
3. There is no basis for the issuance of a certificate of appealability.