IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
June 15, 2006
KIM SMITH, PETITIONER
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, AGENT BERTOCKI, NORTH SHORE OFFICE SUPERVISOR, AND DISTRICT OFFICE SUPERVISOR, RESPONDENTS
The opinion of the court was delivered by: William W. Caldwell United States District Judge
AND NOW, this 15th day of June, 2006, upon consideration of the report (doc. 25) of the magistrate judge, filed March 30, 2006, and the objections that were filed, and upon independent review of the record, it is ordered that:
1. The magistrate judge's report is adopted.
2. The petition under 28 U.S.C. § 2254 is denied based on Petitioner's state-court procedural default.
3. A certificate of appealability is denied.*fn1
4. The Clerk of Court shall close this file.