Opinion
Case No.: 3:12cv96/MCR/EMT
03-25-2013
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated February 4, 2013 (doc. 31). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the timely filed objections (see doc. 33).
Petitioner filed an Application for Certificate of Appealability to the District Court (doc. 33), which the court has construed as an objection to the Report and Recommendation.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. The amended petition for writ of habeas corpus (doc. 10) is DENIED.
3. A certificate of appealability is DENIED.
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M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE