RODRIGUEZ v. COMMONWEALTH OF PENNSYLVANIA

Filing 29

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE OVERRULED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT IS DIRECTED TO MARK THIS MATTER CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/12/14. 8/12/14 ENTERED AND COPIES MAILED TO PRO SE AND LEGAL, E-MAILED TO COUNSEL.(lvj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HERBERTO RODRIGUEZ
CIVIL ACTION
v.
NO. 13-5046
COMMONWEALTH OF
PENNSYLVANIA, et al.

ORDER RE PETITION FOR WRIT OF HABEAS CORPUS
AND NOW, on this 12th day of August, 2014, upon careful consideration of Petitioner
Rodriguez’s Petition for Writ of Habeas Corpus (ECF No. 3), the March 12, 2014 Report and
Recommendation of Magistrate Judge Thomas J. Rueter (ECF No. 11), Petitioner’s Objections
(ECF No. 23), and all related filings, and for the reasons in the accompanying Memorandum, it is
hereby ORDERED:
(1)

The Report and Recommendation (ECF No. 11) is APPROVED and
ADOPTED.

(2)

Petitioner’s Objections to the Report and Recommendation (ECF No. 23) are
OVERRULED.

(3)

The Petition for Writ of Habeas Corpus (ECF No. 3) is DISMISSED with
prejudice.

(4)

There is no basis for the issuance of a certificate of appealability.

(5)

The Clerk of Court is directed to mark this matter closed for statistical purposes.

BY THE COURT:

/s/ Michael M. Baylson
________________________
Michael M. Baylson, U.S.D.J.
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