Opinion
CIVIL ACTION NO. 11-5436
02-06-2013
ORDER
AND NOW, this 6th day of February, 2013, upon careful and independent consideration of the petition for writ of habeas corpus, the petitioner's outstanding motions, 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 Timothy R. Rice, 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. The petitioner's motion for discovery (Document #25) is DENIED;
5. The petitioner's motion for appointment of counsel (Document #26) is DENIED;
6. The petitioner's motion for appointment of experts (Document #27) is DENIED;
7. The petitioner's motion for an evidentiary hearing (Document #28) is DENIED;
8. 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 Rice's Report & Recommendation debatable. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and
9. The Clerk of the Court shall mark this case CLOSED for statistical purposes.
BY THE COURT:
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LAWRENCE F. STENGEL, J.