BANKS v. COMMON PLEAS OF PHILADELPHIA
Filing
30
ORDER ADOPTING REPORT AND RECOMMENDATIONS THAT THIS CASE IS RETURNED TO THE ACTIVE DOCKET; THERE BEING NO OBJECTIONS, THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT AN EVIDENTIARY HEARING; A CERTIFICATE OF APPEALABILITY IS DENIED. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED FOR ALL PURPOSES.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 1/27/10. 2/1/10 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, )
IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA D A R R Y L BANKS, P e titio n e r v. C O M M O N PLEAS OF P H I L A D E L P H I A , et al., R esp o n d en ts : : : : : : : : C IV IL ACTION
NO. 09-1065
ORDER A N D NOW, this 27th day of January, 2010, upon independent consideration of
th e petition for writ of habeas corpus, the response thereto, and after a careful review of th e thorough and well-reasoned Report and Recommendation of United States Magistrate Ju d g e Carol Sandra Moore Wells (Document #29), it is hereby ORDERED that: 1. T h is case is returned to the active docket;
2. T h e re being no objections, the Report and Recommendation is APPROVED a n d ADOPTED; 3. T h e petition for writ of habeas corpus is DISMISSED without an e v id e n tia ry hearing; 4. T h e petitioner has neither shown a denial of a constitutional right, nor e sta b lish e d that reasonable jurists would disagree with this court's disposition of his c la im s. Consequently, a certificate of appealability is DENIED. T h e Clerk of Court is directed to mark this case CLOSED for all purposes.
B Y THE COURT: /s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.
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