FISHER v. BEARD, et al

Filing 35

ORDER THAT THE PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 8/10/09. 8/11/09 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA J O N A T H A N FISHER, P e titio n e r v. J E F F R E Y BEARD, et al., R esp o n d en ts : : : : : : : C IV IL ACTION

N O . 02-1764

ORDER S T E N G E L , J. A N D NOW, this 10th day of August, 2009, upon careful and independent

c o n sid e ra tio n of the petition for writ of habeas corpus, and after review of the thorough a n d well-reasoned Report and Recommendation of United States Magistrate Judge T im o th y R. Rice, it is hereby ORDERED that: 1. 2. 3. 4. 5. T h e petitioner's objections are OVERRULED; T h e Report and Recommendation is APPROVED and ADOPTED; T h e petition for writ of habeas corpus is DENIED with prejudice; T h e re is no probable cause to issue a certificate of appealability; T h e Clerk of Court shall mark this case CLOSED for statistical purposes.

B Y THE COURT:

/s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.