Opinion
Civil Action No. 05-2450.
December 14, 2005
ORDER
AND NOW, this 13th day of December, 2005, upon careful and independent review of the record in this case, and the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter dated October 26, 2005, no objections having been filed, IT IS ORDERED as follows:
1. The Report and Recommendation of United States Magistrate Judge Thomas J. Rueter dated October 26, 2005, is APPROVED and ADOPTED, subject to the corrections noted in the footnote;
The word "inception" is substituted for the word "reception" in the first line of the first full paragraph on page 3; and, the word "liberty" is substituted for the word "liability" in the first sentence of the last paragraph on page 4.
2. The Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 filed by petitioner, Stanley Johnson, is DENIED; and,
3. Because petitioner has failed to make a substantial showing of the denial of a constitutional right, there is no basis for issuing a certificate of appealability.