Filed: Oct. 09, 2018
Latest Update: Oct. 09, 2018
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 9 th day of October 2018, upon careful and independent consideration of the Petition for a writ of habeas corpus (ECF Doc. No. 1), the Response to the Petition (ECF Doc. No. 20), United States Magistrate Judge Marilyn Heffley's August 30, 2018 Report and Recommendation (ECF Doc. No. 21), Petitioner's Objections (ECF Doc. No. 24), and for reasons in the accompanying Memorandum, it is ORDERED: 1. Judge Heffley's comprehensive Augu
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 9 th day of October 2018, upon careful and independent consideration of the Petition for a writ of habeas corpus (ECF Doc. No. 1), the Response to the Petition (ECF Doc. No. 20), United States Magistrate Judge Marilyn Heffley's August 30, 2018 Report and Recommendation (ECF Doc. No. 21), Petitioner's Objections (ECF Doc. No. 24), and for reasons in the accompanying Memorandum, it is ORDERED: 1. Judge Heffley's comprehensive Augus..
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ORDER
MARK A. KEARNEY, District Judge.
AND NOW, this 9th day of October 2018, upon careful and independent consideration of the Petition for a writ of habeas corpus (ECF Doc. No. 1), the Response to the Petition (ECF Doc. No. 20), United States Magistrate Judge Marilyn Heffley's August 30, 2018 Report and Recommendation (ECF Doc. No. 21), Petitioner's Objections (ECF Doc. No. 24), and for reasons in the accompanying Memorandum, it is ORDERED:
1. Judge Heffley's comprehensive August 30, 2018 Report and Recommendation (ECF Doc. No. 21) is APPROVED as we overrule Petitioner's objections (ECF Doc. No. 24);
2. We DENY the Motion for appointment of counsel (ECF Doc. No. 1-5) as moot;
3. We DENY and DISMISS the Petition for a writ of habeas corpus (ECF Doc. No. 1) with prejudice;
4. There is no probable cause to issue a certificate of appealability1; and,
5. The Clerk of Court shall CLOSE this case.
FootNotes
1. Slack v. McDaniel, 529 U.S. 473, 484 (2000).
