WEAVER v. PALAKOVICH et al

Filing 42

ORDER THAT THE PETITIONER'S PETITION IS DENIED WITH PREJUDICE AND WITHOUT A HEARING. IT IS FURTHER ORDERED THAT NO CERTIFICATE OF APPEALABILITY WILL BE ISSUED BECAUSE PETITIONER HAS FAILED TO MAKE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT. THE CLERK OF COURT IS HEREBY DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 2/12/13. 2/12/13 ENTERED AND COPIES MAILED PRO SE AND E-MAILED. (jpd) Modified on 2/12/2013 (afm, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HARVEY WEAVER v. JOHN PALAKOVICH, et al. : : : : : CIVIL ACTION No. 10-3888 ORDER AND NOW, this 11th day of February, 2013, upon consideration of Petitioner’s petition for a writ of habeas corpus, and Respondents’ response thereto, IT IS HEREBY ORDERED that Petitioner’s petition is DENIED WITH PREJUDICE AND WITHOUT A HEARING. IT IS FURTHER ORDERED that no certificate of appealability will be issued pursuant to 28 U.S.C. § 2253 because petitioner has failed to make a substantial showing of denial of a constitutional right. The Clerk of Court is hereby directed to mark this case closed. /s/ J. William Ditter, Jr. J. WILLIAM DITTER, JR., J.

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