PHOMMA v. KERESTES et al

Filing 11

ORDER THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE; AND A CERTIFICATE OF APPEALABILITY IS NOT GRANTED. SIGNED BY HONORABLE ROBERT F. KELLY ON 1/6/12. 1/6/12 ENTERED AND COPIES E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLV ANlA

KHAMPHONY PHOMMA

CIVIL ACTION

v.

JOHN W. KERESTES, et al.

NO. 11-5832

ORDER

AND NOW, this

~~daYOf9t2H.

,20L.~pon careful and independent

consideration of the pleadings and record herein, and after review of the Report and
Recommendation of United States Magistrate Judge Thomas J. Rueter, it is hereby

ORDERED
1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

The petition for a writ of habeas corpus is DISMISSED WITHOUT

PREJUDICE; and

3.

A certificate of appealability is not granted.

BY THE COURT:

ROBERT F. KELLY,