Opinion
Civil Action No. 04-3380.
May 3, 2005
ORDER
AND NOW, this 3rd day of May, 2005, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, and after review of the unopposed Report and Recommendation of United States Magistrate Judge Charles B. Smith, and related filings, IT IS ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED.
2. The Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 is DENIED.
3. There is no basis for the issuance of a certificate of appealability.
Judgment is entered on behalf of Defendant and against Plaintiff. The Clerk of Court shall close this matter for statistical purposes.
AND IT IS SO ORDERED.