DIAZ v. THE STATE OF PENNSYLVANIA et al

Filing 11

ORDER THAT: THE R&R IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE AND DISMISSED WITHOUT AN EVIDENTIARY HEARING, ETC.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 11/18/13. 11/19/13 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(fb)

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

HECTOR MARTINEZ DIAZ,
CIVIL ACTION
Petitioner

v.

NO. 12-7082

COMMONWEALTH OF PENNSYLVANIA, et al.,
Respondents

7Y

AND NOW,

ORDER

this~~ day of ~.W, 2013, upon careful and independent

consideration of the Petition for Writ of Habeas Corpus (Docket No. 1) filed December 19, 2012,
the Commonwealth's Response to Writ of Habeas Corpus (Docket No.8) filed March 13,2013,
and after review of the Report and Recommendation ("R&R") ofUnited States Magistrate Judge
HenryS. Perkin dated October 24,2013, IT IS HEREBY ORDERED that:
1.

the R&R is APPROVED and ADOPTED;

2.

the Petition for Writ of Habeas Corpus is DENIED with prejudice and

DISMISSED without an evidentiary hearing; and
3.

there is no probable cause to issue a certificate of appealability.

BY THE COURT:

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