HUE v. KLEM et al

Filing 12

ORDER THAT UPON CONSIDERATION OF THE PETITION FOR WRIT OF HABEAS CORPUS AND AFTER REVIEW OF THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE L. FELIPE RESTREPO, IT IS ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION IS DENIED AND A CERTIFICATE OF APPEALABILITY SHALL NOT BE ISSUED SINCE THE PETITIONER HAS NOT MADE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT. THE CLERK'S OFFICE SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY JUDGE PAUL S. DIAMOND ON 1/16/07. 1/18/07 ENTERED AND COPIES MAILED, E-MAILED.(gs)

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HUE v. KLEM et al Doc. 12 Case 2:06-cv-02409-PD Document 12 Filed 01/18/2007 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PHAM HUE v. EDWARD KLEM et al. : : : : : CIVIL ACTION NO. 06-2409 ORDER AND NOW, this 16th day of January, 2007, upon consideration of the Petition for Writ of Habeas Corpus filed under 28 U.S.C. 2254 and the Response thereto, and after review of the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo and the Objections thereto, it is hereby ORDERED that: (1) The Report and Recommendation is APPROVED and ADOPTED; (2) The Petition for Writ of Habeas Corpus is DENIED; and (3) A certificate of appealability shall not be issued since, for the reasons set forth in the Report and Recommendation, petitioner has not made a substantial showing of the denial of a constitutional right. (4) The Clerk's Office shall close this case for statistical purposes. IT IS SO ORDERED. /s Paul S. Diamond, J. _____________________________ Paul S. Diamond, J. Dockets.Justia.com

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