Opinion
02 CV 3202 (NG) (VVP).
January 10, 2006
ORDER
The report and recommendation of Magistrate Judge Viktor V. Pohorelsky, dated November 18, 2005, recommends denial of the petition for a writ of habeas corpus. I have reviewed petitioner's objections to the report and recommendation and find them to be without merit. Magistrate Judge Pohorelsky's analysis of the issues presented is correct and his recommendation is adopted.
The petition for a writ of habeas corpus is denied. Since petitioner has failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability is denied pursuant to 28 U.S.C. § 2253(c). Moreover, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that in forma pauperis status is denied for the purpose of an appeal. The Clerk of Court is directed to close this case.
SO ORDERED.