Opinion
CIVIL ACTION NO. 09-3435
02-06-2013
KELLEY S. O'DONNELL, Petitioner v. MARIROSA LAMAS, et al., Respondents
ORDER
AND NOW, this 6th day of February, 2013, upon careful and independent consideration of the petition for writ of habeas corpus, the related papers, and the pertinent documents concerning the adjudication of the petitioner's claims in state court, and after review of the thorough and well-reasoned Report and Recommendation of Magistrate Judge David R. Strawbridge, it is hereby ORDERED that:
1. The petitioner's objections are OVERRULED;
2. The Report and Recommendation is APPROVED and ADOPTED;
3. The petition for writ of habeas corpus is DENIED without an evidentiary hearing;
4. A certificate of appealability SHALL NOT issue, in that the petitioner has not made a substantial showing of the denial of a constitutional right nor shown that reasonable jurists would find the correctness of the procedural aspects of Magistrate Judge Strawbridge's Report debatable. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and
5. The Clerk of the Court shall mark this case CLOSED for statistical purposes.
BY THE COURT:
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LAWRENCE F. STENGEL, J.