December 30, 2013
VINCENT THOMAS, Petitioner,
JEROME W. WALSH, Superintendent, et al., Respondents.
JEFFREY T. SCHMEHL, District Judge.
AND NOW, this 11th day of December, 2013, upon careful and independent consideration of the petition for a writ of habeas corpus and available state court records, and after review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, it is ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE;
3. A certificate of appealability SHALL NOT issue, in that the Petitioner has not demonstrated that reasonable jurists would debate the correctness of the procedural aspects of this ruling. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and
4. The Clerk of the Court shall mark this case CLOSED for statistical purposes.