December 18, 2013
SUPT. DANIEL BURNS, et al.
JUAN R. SANCHEZ, District Judge.
AND NOW, this 18th day of December, 2013, upon careful and independent consideration of Petitioner Yonel Hernandez's prose Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, and after review of the Report and Recommendation of United States Magistrate Judge Henry S. Perkin, to which no objections have been filed,  it is ORDERED:
1. The Report and Recommendation (Document 12) is APPROVED and ADOPTED;
2. Hernandez's petition for writ of habeas corpus (Document 1) is DISMISSED without an evidentiary hearing; and
3. There has been no substantial showing of the denial of a constitutional right warranting the issuance of a certificate of appealability.
The Clerk of Court is DIRECTED to mark this case CLOSED.