Opinion
CIVIL ACTION NO. 08-286.
January 13, 2009
ORDER
AND NOW, this 13 day of Jan, 2009 upon consideration of the petition for a writ of habeas corpus, Respondents' answer, the record of the state court proceedings, and the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, it is ORDERED that:
1. The Report and Recommendation is APPROVED AND ADOPTED;
2. The petition for a writ of habeas corpus is DENIED;
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. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and
4. The Clerk of Court shall mark this case CLOSED for statistical purposes.