GRAZIANO v. GRACE et al

Filing 69

ORDER THAT THE PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE STRAWBRIDGE IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 2/26/09. 2/27/09 ENTERED AND COPIES MAILED TO PLFF., E-MAILED AND FAXED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EDWARD GRAZIANO v. JAMES L. GRACE, et al : : : : : ORDER AND NOW, this 26th day of February, 2009, upon consideration of the Petition for W rit of Habeas Corpus (Document No. 1), the Respondents' Answer to Petition for Writ of Habeas Corpus, the Petitioner's "Traverse Response" to Respondents' Answer Filed, the Report and Recommendation filed by United States Magistrate Judge David R. Strawbridge and the petitioner's objections to the Report and Recommendation, and after a thorough and independent review of the record, it is ORDERED that: 1. 2. The petitioner's objections are OVERRULED; The Report and Recommendation of Magistrate Judge Strawbridge is CIVIL ACTION NO. 05-2300

APPROVED and ADOPTED;1 3. 4. The petition for writ of habeas corpus is DENIED; and, There is no probable cause to issue a certificate of appealability.

s/ Timothy J. Savage TIMOTHY J. SAVAGE, J.

W ith the exception of a date that is cited incorrectly and has no bearing on the outcom e ( p e titio n e r 's untim e ly claim regarding the jury instruction concerning possession of a firearm was filed on S e p te m b e r 6, 2005, rather than Septem b e r 9, 2005), the magistrate judge's recitation of the factual and p r o c e d u r a l history is accurate. His legal analysis is thorough and correct. Therefore, there is nothing to a d d to his well reasoned and exhaustive report.

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