GROFF v. GUARINI et al

Filing 6

ORDER THAT: THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 10/7/09. 10/8/09 ENTERED AND COPIES MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA L A R R Y CLINTON GROFF, JR., P e titio n e r v. W A R D E N GUARINI, et al., R esp o n d en ts : : : : : : : C IV IL ACTION

N O . 09-3095

ORDER A N D NOW, this 7th day of October, 2009, upon careful and independent

c o n sid e ra tio n of the petition for writ of habeas corpus, and after review of the Report and R e c o m m e n d a tio n of United States Magistrate Judge L. Felipe Restrepo, there being no o b jec tio n s filed thereto, IT IS HEREBY ORDERED that: 1 . The Report and Recommendation is APPROVED and ADOPTED. 2 . The petition for writ of habeas corpus is DISMISSED without prejudice. 3. There is no probable cause to issue a certificate of appealability. 4 . The Clerk of Court shall mark this case closed for all purposes.

B Y THE COURT:

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