ALSTON v. DIGUGLIELMO

J. DITTER JR., Senior District Judge

AND NOW, this 13th day of July, 2009, after a de novo review as required by 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), IT IS HEREBY ORDERED:

1. The Magistrate Judge's Report and Recommendation is APPROVED and ADOPTED.

2. The petitioner's objections are OVERRULED.

3. The petition for writ of habeas corpus is DENIED.

4. There is no probable cause to issue a certificate of appealability.