JUAN R. SNCHEZ, District Judge.
AND NOW, this 23rd day of January, 2014, upon careful and independent consideration of Petitioner Omar Powell's pro se Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, the response thereto, Powell's reply, and the available state court records, and after review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, to which no objections have been filed,  it is ORDERED:
1. The Report and Recommendation (Document 13) is APPROVED and ADOPTED;
2. Powell's petition for writ of habeas corpus (Document 1) is DISMISSED; and
3. A certificate of appealability shall not issue, in that Powell has not demonstrated that reasonable jurists would debate the correctness of this procedural ruling. See 28 U.S.C. § ...