Opinion
CIVIL ACTION NO. 08-3351.
April 24, 2009
ORDER
AND NOW, this 24th day of April, 2009, upon careful and independent consideration of the petition for a writ of habeas corpus and the response thereto, and after review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, IT IS HEREBY ORDERED THAT:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for a writ of habeas corpus is DISMISSED WITH PREJUDICE;
3. A certificate of appealability SHALL NOT issue, in that the Petitioner has not made a substantial showing of the denial of a constitutional right or demonstrated that a reasonable jurist would debate the correctness of this ruling. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and
4. The Clerk of this Court shall mark this case CLOSED for statistical purposes.