Opinion
Case No. 4:08 CV 3017.
December 23, 2009
MEMORANDUM OPINION AND ORDER
Petitioner Aaron Jones, a prisoner in state custody, filed a Petition for a Writ of Habeas Corpus (Doc. No. 1). The case was referred to United States Magistrate Judge Vernelis Armstrong for a Report and Recommendation (R R) pursuant to Local Rule 72.2(b)(2).
The Magistrate Judge filed her R R on November 24, 2009 (Doc. No. 14). Under the relevant statute:
Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.28 U.S.C. § 636(b)(1)(C). The ten-day period has elapsed, and no objections have been filed. The failure to file written objections constitutes a waiver of a de novo determination by the district court of an issue covered in the report. United States v. Sullivan, 431 F.3d 976, 984 (2005).
This Court has reviewed the R R, and having found it legally and factually accurate, adopts the R R in its entirety. Accordingly, the Petition for Writ of Habeas Corpus is denied.
Further, under 28 U.S.C. §§ 1915(a) and 2253(c), this Court certifies that an appeal of this action could not be taken in good faith and that Petitioner has failed to make a substantial showing of the denial of a constitutional right. Therefore, this Court declines to issue a certificate of appealability.
IT IS SO ORDERED.