Opinion
1:22-cv-514
10-16-2023
ORDER
On July 10, 2023, the United States Magistrate Judge's Recommendation (“Recommendation”) was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 14, 15.) No objections were filed within the time limits prescribed by Section 636.
Therefore, the court need not make a de novo review and the Magistrate Judge's Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that the Magistrate Judge's Recommendation is ADOPTED. IT IS FURTHER ORDERED that Petitioner's 2254 Petition, (Doc. 2), is DENIED, that Respondent's Motion for Summary Judgment, (Doc. 8), is GRANTED, and that this action is DISMISSED. The court further finds there is no substantial showing of the denial of a constitutional right affecting the conviction nor a debatable procedural ruling, therefore a certificate of appealability is not issued.
A Judgment dismissing this action will be entered contemporaneously with this Order.