YOUNG v. DIGUGLIELMO et al

Filing 22

MEMORANDUM AND ORDER THAT THE REPORT AND RE COMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED WITHOUT AN EVIDENTIARY HEARING. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY, ETC.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/7/09. 5/8/09 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA

A LB E R T A. YOUNG, P e t i t io n e r , v. D A V ID DIGUGLIELMO, et al., R e spo nd e nts.

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C IV IL ACTION NO . 04-3846

M E M O R A N D U M AND ORDER Petitione r has filed 12 objections to the Report and Recommendation of Magistrate Judge M. Faith Angell. Each objection is essentially a restatement of the basis of petitioner's claims for relief in his habeas corpus petition. Each claim in that petition has been carefully, and in my opinion, correctly addressed by the Magistrate Judge in her thorough 38-page Report and Recommendation. Petitioner has also failed to make any substantial showing of the denial of any con stitutional right. A ccordingly, it is hereby ORDERED that: 1. 2. T he Report and Recommendation is APPROVED and ADOPTED. T he Petition for Writ of Habeas Corpus is DENIED and DISMISSED

w ithout an evidentiary hearing. 3. T here is no basis for the issuance of a certificate of appealability, since there

has been no substantial showing of the denial of any constitutional right. IT IS SO ORDERED this 7th day of May, 2009. B Y THE COURT:

s/ Ronald L. Buckwalter RONALD L. BUCKWALTER, S. J.