ROBERT KELLY, Senior District Judge
AND NOW, this 16th day of August, 2007, upon careful and independent consideration of the petition for a writ of habeas corpus, a review of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice, and consideration of Petitioner's objections thereto, it is ORDERED that:
1. Petitioner's Objections to the Report and Recommendation are DENIED.
2. The Report and Recommendation is APPROVED and ADOPTED.
3. The petition for a wit of habeas corpus is DISMISSED with prejudice.
4. There is probable cause to issue a certificate of appealability.
5. The Clerk of Court shall mark this case CLOSED for statistical purposes.