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Tina Bennett v. Rhoda Windstead

April 26, 2011

TINA BENNETT
v.
RHODA WINDSTEAD, ET AL.



The opinion of the court was delivered by: Stewart Dalzell, J.

ORDER AND NOW, this 26th day of April, 2011, upon careful and independent consideration of Tina Bennett's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (docket entry # 1), the defendants' response thereto (docket entry # 14), the Report and Recommendation of United States Magistrate Judge Henry S. Perkin (docket entry # 15), and the Court finding that it agrees with Judge Perkin's conclusions regarding the meritlessness of Bennett's exhausted and unexhausted claims, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;

2. The petition for habeas corpus pursuant to 28 U.S.C. § 2254 (docket entry # 1) is DENIED;

3. Bennett having failed to make a substantial showing of the denial of a constitutional right, we DECLINE to issue a certificate of appealability; and

4. The Clerk of Court shall statistically CLOSE this case.

BY THE COURT:

20110426

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