Opinion
Case No. 5:06-cv-154.
December 5, 2006
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND SUMMARY DISMISSAL
On October 30, 2006, United States Magistrate Judge Ellen S. Carmody issued a Report and Recommendation ("R R") recommending that Gregory Hugh Scheitler's petition for writ of habeas corpus be summarily dismissed pursuant to Rule 4 because it does not raise a meritorious federal claim. Petitioner has filed timely objections to the R R (docket no. 3). The court, having reviewed the R R filed by the United States Magistrate Judge in this action, petitioner's objections, and the relevant portions of the file, agrees with the recommended disposition contained in the R R.
IT IS ORDERED that the petition for a writ of habeas corpus is DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that petitioner is DENIED leave to appeal in forma pauperis.