Opinion
CIVIL NO. 08-3572.
October 28, 2009
ORDER
AND NOW, this 26th day of October, 2009, upon consideration of: Plaintiff's Petition for Writ of Habeas Corpus (Doc. No. 1) and Respondents' Response thereto (Doc. No. 11); Plaintiff's Traverse/Amended Traverse (Doc. Nos. 13 14) and Respondents' Response thereto (Doc. No. 12); Magistrate Judge Elizabeth T. Hey's Report and Recommendation (Doc. No. 15); and, Plaintiff's Objections thereto (Doc. No. 16), along with Respondents' Response (Doc. No. 21), it is hereby ORDERED and DECREED that:
(1) Plaintiff's Objections are OVERRULED and the Magistrate's Report and Recommendation is APPROVED and ADOPTED;
(2) Plaintiff's Petition is DENIED and DISMISSED;
(3) There exists no substantial showing of the denial of a constitutional right which would require the issuance of a certificate of appealability; and,
(4) The Clerk shall close this matter for statistical purposes.