GIST v. THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA et al

Filing 55

ORDER THAT THE PETITIONER'S OBJECTIONS ARE OVERRULED; 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.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 8/25/09. 8/26/09 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LAMONT GIST v. DAVID DIGUGLIELMO, et al. : : : : : ORDER AND NOW this 25th day of August, 2009, upon careful and independent consideration of the Petition for Writ of Habeas Corpus of petitioner Lamont Gist (Docket No. 1) and the responses and replies thereto, and after review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa (Docket No. 41) and the objections and response thereto, IT IS HEREBY ORDERED, for the reasons set out in a memorandum of today's date, that: 1. 2. The petitioner's Objections are OVERRULED. The Petition for Writ of Habeas Corpus is DENIED CIVIL ACTION

NO. 05-4250

and DISMISSED WITHOUT AN EVIDENTIARY HEARING. 3. There is no basis for the issuance of a

certificate of appealability. BY THE COURT: /s/ Mary A. McLaughlin MARY A. McLAUGHLIN, J.