Opinion
Civil Action No. 10-177 Erie.
October 19, 2011
MEMORANDUM ORDER
This habeas corpus action was received by the Clerk of Court on July 19, 2010 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 [ECF No. 15], filed on September 29, 2011, recommended that the Petition 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 and service was made on Petitioner by certified mail. No objections were filed. After de novo review of the Petition and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 19th day of October, 2011;
IT IS HEREBY ORDERED that the Petitioner's Petition for Writ of Habeas Corpus is DENIED and a certificate of appealability is DENIED.
The Report and Recommendation [ECF No. 15] of Magistrate Judge Baxter, filed on September 29, 2011, is adopted as the opinion of the Court.
The Clerk is directed to mark the case closed.