GARLINGTON v. PATRICK et al

Filing 12

ORDER THAT AFTER CONSIDERATION OF THE KWRIT OF HABEAS CORPUS AND THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE HEY, TO WHICH NO OBJECTIONS HAVE BEEN FILED, IT IS ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION IS DENIED. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. SIGNED BY JUDGE PAUL S. DIAMOND ON 10/9/07. 10/10/07 ENTERED AND COPIES MAILED, E-MAILED.(gs)

GARLINGTON v. PATRICK et al

Doc. 12

Case 2:06-cv-03989-PD

Document 12

Filed 10/10/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KYLE ANTHONY LAMAR GARLINGTON v. DEPUTY GEORGE PATRICK, et al. : : : NO. 06-cv-3989 CIVIL ACTION

ORDER AND NOW, this 9th day of October, 2007, upon careful and independent consideration of the petition for writ of habeas corpus, and after review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey, to which no objections have been filed, IT IS ORDERED that: 1. 2. 2. The Report and Recommendation is APPROVED and ADOPTED. The petition for writ of habeas corpus is DENIED. There is no basis for the issuance of a certificate of appealability.

AND IT IS SO ORDERED. /s Paul S. Diamond

Paul S. Diamond, J.

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