Johnson v. Britton

The opinion of the court was delivered by: John R. Padova, J.

ORDER

AND NOW, this 25th day of October, 2010, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 1), as well as the Petitioner's "Amended Habeas Corpus Petition" (Docket No. 10), and after review of United States Magistrate Judge Timothy R. Rice's Report and Recommendation (Docket No.14),to which Petitioner has filed no Objections, IT IS HEREBY ORDERED that:

1. The Report and Recommendation of Magistrate Judge Rice is APPROVED and ADOPTED;

2. Both the Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 and the "Amended Habeas Corpus Petition" are DISMISSED WITH PREJUDICE;*fn1

3. Because Petitioner has failed to make a substantial showing of the denial of a constitutional right or to demonstrate that a reasonable jurist would debate the correctness of this ruling, the Court declines to issue a certificate of appealability under 28 U.S.C. § 2253(c)(2); and

4. The Clerk shall CLOSE this case ...