Opinion
CIVIL ACTION NO. 12-318
02-26-2013
JAMES OLIVER v. GERALD ROZUM, ET AL.
ORDER
AND NOW, this 25th day of February, 2013, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 1), and after review of United States Magistrate Judge Lynne A Sitarski's Report and Recommendation (Docket No. 17), to which Petitioner has filed no Objections, IT IS HEREBY ORDERED that:
1. The Report and Recommendation of Magistrate Judge Sitarski is APPROVED and ADOPTED.
2. The Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 is DISMISSED.
3. Because Petitioner has failed to make a substantial showing of the denial of a constitutional right or to demonstrate that a reasonable jurist would debate the correctness of this ruling, the Court declines to issue a certificate of appealability under 28 U.S.C. § 2253(c)(2).
4. The Clerk shall CLOSE this case statistically.
BY THE COURT:
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John R. Padova, J.