BERRY v. SOBINA et al

Filing 11

REPORT AND RECOMMENDATIONS THAT THE PETITION FOR WRIT OF HABEAS CORPUS FILED PURSUANT TO 28 U.S.C. SECTION 2254 SHOULD BE DENIED WITH PREJUDICE AND DISMISSED WITHOUT AN EVIDENTIARY HEARING. IT IS FURTHER RECOMMENDED THAT PETITIONERS MOTION FOR RELIE F OF JUDGMENT SHOULD BE DENIED. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY, ETC OBJECTIONS TO R&R DUE BY 9/18/2009. SIGNED BY MAGISTRATE JUDGE ARNOLD C. RAPOPORT ON 8/27/09. (Attachments: # 1 order) 8/28/09 ENTERED AND COPIES MAILED AND E-MAILED.(la, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ________________________________ : : : Petitioner, : : v. : : RAYMOND SOBINA, et al. : : Respondents. : ________________________________: QUINCY K. BERRY, ORDER AND NOW, this day of , 2009, upon CIVIL ACTION

NO. 09-2094

careful and independent consideration of the Petition for Writ of Habeas Corpus, the Response thereto, and after review of the Report and Recommendation of United States Magistrate Judge Arnold C. Rapoport, IT IS HEREBY ORDERED that: 1. ADOPTED; 2. the Petition for Writ of Habeas Corpus is DENIED the Report and Recommendation is APPROVED and

with prejudice and DISMISSED without an evidentiary hearing; 3. Petitioner's Motion for Relief of Judgment (Dkt.

No. 2) is DENIED; and 4. there is no probable cause to issue a

certificate of appealability. The petitioner may file objections to this Report and Recommendation. See Local Civ. Rule 72.1. Failure to file

timely objections may constitute a waiver of any appellate rights. BY THE COURT:

_________________________________ R. Barclay Surrick, J.