Opinion
CIVIL ACTION NO. 08-147.
December 17, 2008
ORDER
AND NOW, this 17th day of December, 2008, upon consideration of the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 filed by petitioner, Robert Hrusovsky (Document No. 1), and the record in this case, and the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey dated November 24, 2008, no objections having been filed, IT IS ORDERED as follows:
1. Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey dated November 24, 2008, is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 filed by petitioner, Robert Hrusovsky, is DISMISSED; and,
3. A certificate of appealability will not issue because reasonable jurists would not debatewhether the petition states a valid claim of the denial of a constitutional right or this Court's procedural rulings with respect to petitioner's claims. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).