Opinion
CA. No. 12-144 Erie
02-21-2014
MEMORANDUM ORDER
This petition for writ of habeas corpus was received by the Clerk of Court on June 26, 2012, and was referred to United States Magistrate Judge Susan Paradise Baxter for Report and Recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Magistrate Judge's Report and Recommendation, filed on January 6, 2014, recommended that the petition for writ of habeas corpus be denied and that a certificate of appealability be denied. The parties were allowed fourteen (14) days from the date of service to file objections. Service was made on all parties. Objections were filed by Petitioner on January 22, 2014. After de novo review of the petition and documents in the case, together with the Report and Recommendation and Objections thereto, the following Order is entered:
AND NOW, this 21st day of February, 2014;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED. It is further ORDERED that a certificate of appealability is DENIED.
The Report and Recommendation of Magistrate Judge Baxter, dated January 6, 2014, is adopted as the Opinion of the Court.
__________
MARK R. HORNAK
United States District Judge
cc: Susan Paradise Baxter
U.S. Magistrate Judge
all parties of record