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LAMONTA McCOY, Petitioner, v. GORDON LANE, WARDEN, Respondent.

MEMORANDUM OPINION AND ORDER

PETER ECONOMUS, District Judge

On May 3, 2004, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging the constitutionality of his criminal conviction. This case was referred to Magistrate Judge James S. Gallas for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and LR 72.1 (Dkt. # 7). On June 29, 2006, Magistrate Judge Gallas filed a report recommending that Petitioner's application for habeas corpus be denied (Dkt. # 19). On July 14, 2006, Petitioner filed objections to this recommendation (Dkt. # 20).

The Court has reviewed the report and recommendation of the Magistrate Judge, de novo. The Court finds that the report and recommendation (Dkt. # 19) is well-supported and that Petitioner's objections are without merit. Therefore, Magistrate Judge Gallas' report and recommendation is hereby ADOPTED and Petitioner's objections are overruled.

Accordingly, Petitioner's Writ of Habeas Corpus is DENIED. Furthermore, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b).

IT IS SO ORDERED.

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McCOY v. LANE
(Aug 16, 2006)