Johnson v. Ercole

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

In a Report-Recommendation and Order dated July 28, 2010, Magistrate Judge Treece recommended that this Court deny Petitioner's petition for a writ of habeas corpus and not issue a certificate of appealability with respect to any of Petitioner's claims. See Dkt. No. 9 at 14. The parties did not file any objections to this Report-Recommendation and Order.

The Court having reviewed said Report-Recommendation and Order and the entire file in this matter, the Court hereby

ORDERS that Magistrate Judge Treece's July 28, 2010 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED and his petition is DISMISSED; and the Court further

ORDERS that, because Petitioner has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2), no certificate of appealability shall issue with respect to any of Petitioner's claims, 28 U.S.C. § 2253(c)(2); and the Court further

ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules.

IT IS SO ORDERED.

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