BATTS v. GIORLA et al

Filing 20

ORDER THAT THE REPORT AND RECOMENDATION IS APPROVED AND ADOPTED; PETITIONER'S OBJECTIONS ARE OVERRULED; THE PETTION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABIITY; THE MO TION FOR CERTIFICATE OF APPEAL IS DENIED; THE CLERK OF COURT IS DIRECTED TO MARK THIS MATTER AS CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/26/12. 7/26/12 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

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

ROOSEVELT BATTS,
v.
LOUIS GIORLA, et al.

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CIVIL ACTION

NO. 11-5947

ORDER RE: PETITION FOR WRIT OF HABEAS CORPUS
AND NOW, on this 26th day of July, 2012, upon careful consideration of Petitioner Batts
Giorla’s Petition for Writ of Habeas Corpus (ECF No. 1), the January 18, 2012 Report and
Recommendation of Magistrate Judge Thomas J. Rueter (ECF No. 9), Petitioner’s Objections
(ECF No. 16), and all related filings, and for the reasons in the accompanying Memorandum re:
Petition for Writ of Habeas Corpus, it is hereby ORDERED:
1.

The Report and Recommendation (ECF No. 9) is APPROVED and ADOPTED,
subject to the discussion of Giorla’s actual innocence claim in the accompanying
Memorandum.

2.

Petitioner’s Objections to the Report and Recommendation (ECF No. 16) are
OVERRULED.

3.

The Petition for Writ of Habeas Corpus (ECF No. 1) is DISMISSED with
prejudice.

4.

There is no basis for the issuance of a certificate of appealability. The Motion for
Certificate of Appeal Nunc Pro Tunc (ECF No. 14) is DENIED.

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5.

The Clerk of Court is directed to mark this matter as CLOSED for statistical
purposes.
BY THE COURT:
/s/ Michael M. Baylson
________________________
Michael M. Baylson, U.S.D.J.

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