Opinion
CASE NO.: 1:09CV495.
January 24, 2011
ORDER AND DECISION
The Court has examined the Report and Recommended Decision of Magistrate Judge Pearson, submitted in this matter on December 23, 2010. Doc. 14. Upon due consideration, and no objections having been filed by the parties, the Court adopts the Report and recommended findings and conclusions of the Magistrate Judge and incorporates them herein. Therefore, it is ordered that petition is hereby DISMISSED.
Pursuant to 28 U.S.C § 1915(a)(3), the Court certifies that Petitioner may not take an appeal from the Court's decision in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b).
IT IS SO ORDERED.
January 24, 2011