ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
No objection having been filed to the Magistrate Judge's Recommended Decision filed October 23, 2009, the Recommended Decision is accepted.
Accordingly, it is hereby ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED.
It is further ORDERED that the Petitioner's 28 U.S.C. § 2255 Petition (Docket # 1) be and hereby is DENIED.
It is further ORDERED that no certificate of appealability should issue in the event the Petitioner files a notice of appeal because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2).