MEDINA v. SOBINA et al

Filing 15

ORDER THAT THE PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE AND DISMISSED WITHOUT AN EVIDENTIARY HEARING; AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 6/8/10. 6/8/10 ENTERED AND COPIES MAILED TO PRO SE PLFF., E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOSE MEDINA v. RAYMOND J. SOBINA, et al.

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CIVIL ACTION

No. 09-5950

ORDER AND NOW, this 8th day of June 2010, upon consideration of the Petition for Writ of Habeas Corpus, the Respondent's Answer thereto, the Report and Recommendation of United States Magistrate Judge Jacob P. Hart dated May 4, 2010, and the petitioner's objections to the Report and Recommendation, and after a thorough and independent review of the record, it is hereby ORDERED that: 1. 2. 3. The petitioner's objections are OVERRULED; The Report and Recommendation is APPROVED and ADOPTED; The Petition for Writ of Habeas Corpus is DENIED with prejudice and DISMISSED without an evidentiary hearing; and 4. There is no probable cause to issue a certificate of appealability.

BY THE COURT: /s/ Mitchell S. Goldberg ____________________________ MITCHELL S. GOLDBERG, J.