AZILLE v. COMMONWEALTH OF PENNSYLVANIA

Filing 22

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; AZILLE'S PETITION FOR WRIT OF HABEAS CORPUS IS DENIED; AZILLE HAVING FAILED TO MAKE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT, WE DECLINE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 4/21/14. 4/22/14 ENTERED AND COPIES MAILED TO THE PETITIONER.(jaa, ) Modified on 4/22/2014 (jaa, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PETER AZILLE v. COMMONWEALTH OF PENNSYLVANIA : : : : : : CIVIL ACTION NO. 13-5446 ORDER AND NOW, this 21st day of April, 2013, upon consideration of Peter Azille’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (docket entry # 1), and after careful and independent review of the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski (docket entry # 4), to which Azille has not filed objections within the time that Loc. R. Civ. P. 72.1 IV(b) prescribes, and the Court finding that in Judge Sitarski’s well-reasoned Report and Recommendation she properly examined all issues of fact and law relevant to the disposition of Azille’s petition, it is hereby ORDERED that: 1. The Report and Recommendation (docket entry # 4) is APPROVED and 2. Azille’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 ADOPTED; (docket entry # 1) is DENIED; 3. Azille having failed to make a substantial showing of the denial of a constitutional right, we decline to issue a certificate of appealability; and 4. The Clerk of Court shall CLOSE this case statistically. BY THE COURT: /s/ Stewart Dalzell, J. 2

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