LEWIS v. BLAINE, et al

Filing 75

ORDER THAT THE PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE AMENDED PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE AND DISMISSED WITHOUT AN EVIDENTIARY HEARING; AND THERE IS NO PROBABLECAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 2/24/10. 3/2/10 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

REGINALD S. LEWIS v. SUPERINTENDENT CONNOR BLAINE, JR., et al

: : : : : : ORDER

CIVIL ACTION

NO. 00-3274

AND NOW, this 24th day of February, 2010, upon consideration of the Amended Petition for Writ of Habeas Corpus, the Respondent's Response thereto, the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter dated September 14, 2009, and the petitioner's objections to the Report and Recommendation, and after a thorough and independent review of the record, it is hereby ORDERED that: 1. 2. 3. The petitioner's objections are OVERRULED; The Report and Recommendation is APPROVED and ADOPTED; The Amended Petition for Writ of Habeas Corpus is DENIED with prejudice and DISMISSED without an evidentiary hearing; and 4. There is no probable cause to issue a certificate of appealability.

BY THE COURT: /s/ Mitchell S. Goldberg ____________________________ MITCHELL S. GOLDBERG, J.