SATIZABAL v. FOLINO et al

Filing 43

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE OBJECTIONS ARE OVERRULED; THE PETITIONF OR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED; THE MOTION FOR STAY AND ABEYANCE IS DISMISSED AS MOOT; THE MOTION TO AMEND IS DENIED; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT IS DIRECTED TO CLOSE THE CASE.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/13/12. 11/14/12 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL.(lvj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_____________________________________
CARLOS SATIZABAL,
:
Petitioner,
:
:
v.
:
CIVIL ACTION NO. 06-1435
:
LOUIS FOLINO, et al.
:
Respondents.
:
_____________________________________ :
ORDER
AND NOW, this 13th day of November 2012, upon careful and independent consideration
of the Petition for Writ of Habeas Corpus, the briefs, and the state court record, and upon review of
the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa [Doc. No.
33] and the objections and responses thereto, and pursuant to the Judgment of the Court of Appeals
[Doc. No. 26], it is hereby ORDERED that:
1.

The Report and Recommendation [Doc. No. 33] is APPROVED and ADOPTED;

2.

The Objections are OVERRULED;

3.

The Petition for Writ of Habeas Corpus is DENIED and DISMISSED;

4.

The Motion for Stay and Abeyance [Doc. No. 40] is DISMISSED AS MOOT;

5.

The Motion to Amend [Doc. No. 41] is DENIED;

6.

There is no probable cause to issue a certificate of appealability; and

7.

The Clerk of Court is directed to CLOSE the case.

It is so ORDERED.
BY THE COURT:

/s/ Cynthia M. Rufe
______________________
CYNTHIA M. RUFE, J.