Opinion
Civil Action No. 05-874.
September 14, 2006
MEMORANDUM ORDER
The above captioned Petition was received by the Clerk of Court on June 24, 2005, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Magistrate Judge's Report and Recommendation (Doc. No. 7), filed on July 25, 2006, recommended that the Petition for Writ of Habeas Corpus be denied and that a certificate of appealability be denied. Service was made on all counsel of record. The parties were informed that in accordance with Magistrates Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.1.4(B) of the Local Rules for Magistrates, that they had ten (10) days to file any objections. Petitioner filed Objections to the Report and Recommendation (Doc. No. 8) on July 26, 2006. No reply to the objections has been filed. After review of the pleadings and the documents in the case, together with the report and recommendation and the objections thereto, the following order is entered: AND NOW, this 14th day of Sept., 2006;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DENIED. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Report and Recommendation (Doc. No. 7) of Magistrate Judge Lenihan, dated January 12, 2006, is adopted as the opinion of the court.