Opinion
Case No. 2:17-CV-126
01-10-2019
BRIAN JOSEPH MCCARTHY, Petitioner, v. MITCH PERRY, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has reviewed Magistrate Judge Timothy P. Greeley's December 3, 2018, Report and Recommendation recommending that Petitioner's petition for writ of habeas corpus be denied and that the Court deny Petitioner a certificate of appealability. The Report and Recommendation was duly served on Petitioner on December 4, 2018. No objections have been filed pursuant to 28 U.S.C. § 636(b). Therefore the Court will adopt the Report and Recommendation.
THEREFORE, IT IS HEREBY ORDERED that the December 3, 2018, Report and Recommendation (ECF No. 7) is approved and adopted as the Opinion of the Court, and Petitioner's habeas petition (ECF No. 1) is DENIED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
A separate judgment will enter.
This case is concluded. Dated: January 10, 2019
/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE