Opinion
CASE NO. C09-5345RBL/JRC.
March 1, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court having reviewed the Report and Recommendation of the Hon. J. Richard Creatura, United States Magistrate Judge, objections to the Report and Recommendation [Dkt. #33], and the remaining record, does hereby find and Order:
(1) The Court adopts the Report and Recommendation;
(2) This petition is DENIED for the reasons stated in the Report and Recommendation. This petition does not challenge the fact, length or duration of a sentence and it is not properly a habeas corpus matter.
(3) To the extent a certificate of appeal may be necessary, the Court declines to enter one here because the Petitioner has failed to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).
(4) The clerk is directed to send copies of this Order to Petitioner, and the Hon. J. Richard Creatura.