Whitted v. USA

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations.... The Court has reviewed Judge Smith's Report and Recommendation and has determined that there is no clear legal error on the face of the record. For the reasons stat ed in this Memorandum Order, this Court adopts the Report and Recommendation in its entirety and Whitted's perition is denied. This Court finds that Whitted has not "made a substanrial showing of the denial of a constitutional right:" and therefore does not issue a certificate of appealability. 28 U.S.C. 5 2753(c)(2). This Court further certifies pursuant to 28 U.S.C. S: 191S(a) that an appeal liom this order would not be taken in good faith. The Clerk of the Court is directed to close this case. (Signed by Judge Stephen C. Robinson on 12/18/09) The Clerk's Office Has Mailed Copies.(fk)

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