Opinion
Civil Action No. 04-1764.
November 4, 2004
ORDER
AND NOW, this day of, 2004, upon consideration of the Petition for Writ of Habeas Corpus, and the Commonwealth of Pennsylvania's response, and after review of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. This time-barred Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, is DISMISSED; and,
3. Based upon the Magistrate Judge's determination that the within petition should be dismissed, Petitioner has failed to show a denial of any constitutional right, thus, a certificate of appealability is not issued.
IT IS SO ORDERED.