SMITH v. FISHER et al
ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE, IN THAT PETITIONER HAS NOT MADE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT; THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 2/15/12. 2/15/12 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GEORGE SMITH [#FD-2316],
JON FISHER, et ai.,
AND NOW, this
l~tL day of ~ 2012, upon careful and independent
consideration of the petition for a writ of habeas corpus, the response, and Petitioner's reply to the
response, and after review of the Report and Recommendation of United States Magistrate Judge
David R. Strawbridge, it is ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE;
3. 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 demonstrated that a reasonable jurist
would debate the correctness ofthis ruling. See 28 U.S.c. § 2253(c )(2); Slackv. McDaniel, 529 U.S.
4. The Clerk of the Court shall mark this case CLOSED for statistical purposes.
BY THE COURT:
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