Martinez v. People of the State

Filing 23

ADOPTION OF REPORT AND RECOMMENDATION: Accordingly, after conducting an independent de novo review of Judge Dolinger's Report and Recommendation, and reviewing the record herein, it is ORDERED AND ADJUDGED as follows: The Report and Recommendati on of United States Magistrate Judge Michael H. Dolinger dated November 21, 2008 is approved, adopted, and ratified by the Court in its entirety; and The petition for a writ of habeas corpus is hereby DENIED. Because the Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. The Clerk of the Court is directed to dismiss the petition with prejudice. (Signed by Judge Deborah A. Batts on 6/9/2009) (jpo)

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