Opinion
Civil Action No. 3:11-cv-1604
04-05-2012
(JUDGE CAPUTO)
(MAGISTRATE JUDGE SMYSER)
ORDER
NOW this 5thday of April, 2012, upon review of the Report and Recommendation of Magistrate Judge J. Andrew Smyser (Doc. 11) for plain error or manifest injustice, IT IS HEREBY ORDERED that:
(1) The Report and Recommendation (Doc. 11) is ADOPTED.
(2) The petition for a writ of habeas corpus (Doc. 1) is DENIED.
(3) A Certificate of Appealability SHALL NOT ISSUE.
(4) The Clerk of Court is directed to mark the case as CLOSED.
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A. Richard Caputo
United States District Judge