Opinion
Nos. 02-CV-74030-DT, 97-CR-80620-06.
December 21, 2005
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING DEFENDANT'S REQUEST FOR A CERTIFICATE OF APPEALABILITY
This matter having come before the Court on the October 31, 2005 Report and Recommendation of United States Magistrate Judge Steven D. Pepe recommending that the Court deny Defendant's request for a certificate of appealability; and no timely objections to the Magistrate Judge's Report and Recommendation having been filed; and the Court having reviewed the Magistrate Judge's Report and Recommendation and the Court's file of this action and having concluded that, for the reasons stated in the Report and Recommendation, Defendant's request for a certificate of appealability should be denied; and the Court being otherwise fully advised in the premises,
NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation of October 31, 2005 be, and hereby is, adopted by this Court.
IT IS FURTHER ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, Defendant's request for certificate of appealbility be, and hereby is DENIED.