ECHEVARRIA v. PIAZZA et al

Filing 17

ORDER THAT THE PETITION IS DISMISSED WITH PREJUDICE AND WITHOUT A HEARING. IT IS FURTHER ORDERED THAT NO CERTIFICATE OF APPEALABILITY WILL BE ISSUED PURSUANT TO 28 U.S.C. SECTION 2253 BECAUSE PETITIONER HAS FAILED TO MAKE A SUBSTANTIAL SHOWNG OF DENIAL OF A CONSTITUTIONAL RIGHT. THE CLERK OF COURT IS HEREBY DIRECTED TO MARK THIS CASE CLOSED.. SIGNED BY HONORABLE LOWELL A. REED, JR ON 11/4/09. 11/4/09 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, ) Modified on 11/5/2009 (afm, ).

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

NOEL ECHEVARRIA v. LOUIS S. FOLINO, et al.

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CIVIL ACTION NO. 08-1724

ORDER AND NOW, this 4th day of November, 2009, upon consideration of the Petition for Writ of Habeas Corpus and the response thereto (Doc. Nos. 1 & 14), it is hereby ORDERED that for the reasons set forth above, the Petition is DISMISSED with prejudice and without a hearing. IT IS FURTHER ORDERED that no certificate of appealability will be issued pursuant to 28 U.S.C. §2253 because petitioner has failed to make a substantial showing of denial of a constitutional right. The Clerk of Court is hereby directed to mark this case closed.

S/ Lowell A. Reed, Jr.____________ LOWELL A. REED, JR., Sr. J.