GARAY v. PATRICK et al

Filing 13

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITIONER'S OBJECTIONS ARE OVERRULED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILTY. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 2/5/10. 2/5/10 ENTERED AND COPIES MAILED AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOSE GARAY v. GEORGE PATRICK, et al. : : : : : ORDER AND NOW, this HEREBY ORDERED that: 1. The Magistrate Judge's Report and Recommendation is APPROVED and ADOPTED. 2. The petitioner's objections are OVERRULED. 3. The petition for writ of habeas corpus is DENIED with prejudice. 4. There is no probable cause to issue a certificate of appealability. 5th day of February, 2010, after a de novo review, IT IS CIVIL ACTION

NO. 05-CV-5669

BY THE COURT: /s/ J. William Ditter, Jr. J. WILLIAM DITTER, JR.