ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
No objection having been filed to the Magistrate Judge's Recommended Decision filed April 28, 2010, the Recommended Decision is accepted.
Accordingly, it is hereby ORDERED that the Petitioner's 28 U.S.C. § 2254 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).
SO ORDERED.