O'DONNELL v. LAMAS et al

Filing 48

ORDER THAT THE PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDAITON IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED IWTHOUT AN EVIDENTIARY HEARING; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE, ETC; AND THE CLERK OF THE COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 2/6/13. 2/8/13 ENTERED AND COPIES E-MAILED TO COUNSEL.(lvj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KELLEY S. O’DONNELL,
Petitioner
vs.
MARIROSA LAMAS, et al.,
Respondents

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CIVIL ACTION

NO. 09-3435

ORDER
AND NOW, this

6th day of February, 2013, upon careful and independent

consideration of the petition for writ of habeas corpus, the related papers, and the pertinent
documents concerning the adjudication of the petitioner’s claims in state court, and after
review of the thorough and well-reasoned Report and Recommendation of Magistrate
Judge David R. Strawbridge, it is hereby ORDERED that:
1.

The petitioner’s objections are OVERRULED;

2.

The Report and Recommendation is APPROVED and ADOPTED;

3.

The petition for writ of habeas corpus is DENIED without an evidentiary
hearing;

4.

A certificate of appealability SHALL NOT issue, in that the petitioner has
not made a substantial showing of the denial of a constitutional right nor
shown that reasonable jurists would find the correctness of the procedural
aspects of Magistrate Judge Strawbridge’s Report debatable. See 28 U.S.C.
§ 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and

5.

The Clerk of the Court shall mark this case CLOSED for statistical purposes.
BY THE COURT:

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