BONILLA v. KERESTES et al

Filing 10

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. IT IS FURTHER ORDERED THAT THE DEFTS' MOTION TO SUPPLEMENT THE RECORD IS GRANTED NUNC PRO TUNC. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 1/7/10. 1/11/10 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA J O S E BONILLA, P e titio n e r v. J O H N KERESTES, et al., R esp o n d en ts : : : : : : : C IV IL ACTION

N O . 09-2365

ORDER A N D NOW, this 7th day of January, 2010, upon careful and independent

c o n sid e ra tio n of the petition for writ of habeas corpus (Document #9), and after review o f the thorough and well-reasoned Report and Recommendation of United States M a g istra te Judge Linda K. Caracappa, it is hereby ORDERED that: 1. 2. 3. T h e Report and Recommendation is APPROVED and ADOPTED. T h e petition for writ of habeas corpus is DENIED with prejudice. T h e re is no probable cause to issue a certificate of appealability.

IT IS FURTHER ORDERED that the defendants' motion to supplement the record (D o c u m en t #8) is GRANTED nunc pro tunc. T h e Clerk of Court is directed to mark this case CLOSED for statistical purposes.

B Y THE COURT:

/s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.