Opinion
Civil Action No. 02-7163.
September 22, 2004
ORDER
AND NOW, this day of, 2004, upon consideration of the Petition for Writ of Habeas Corpus filed under 28 U.S.C. § 2254 and the respondent's opposition thereto, and after review of the Report and Recommendation of United States Magistrate Judge Diane M. Welsh, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus is DENIED and DISMISSED;
3. A certificate of appealability shall not issue since, for the reasons set forth in the Report and Recommendation, a reasonable jurist could not conclude that the Court would be incorrect in dismissing petitioner's procedurally defaulted habeas claim, and petitioner has not made a substantial showing of the denial of a constitutional right with regard to his remaining claims.