SWINSON v. KERESTES et al

Filing 11

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED AND A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 4/1/15. 4/1/15 ENTERED AND COPIES MAILED. (jpd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LYDELL SWINSON : : v. : : KERESTES, THE DISTRICT : ATTORNEY OF THE COUNTY OF : PHILADELPHIA and THE ATTORNEY : GENERAL OF THE STATE OF : PENNSYLVANIA : CIVIL ACTION NO. 14-7027 ORDER AND NOW, this 1st day of April, 2015, upon consideration of the Petition for Writ of Habeas Corpus (Document No. 1), the Report and Recommendation filed by United States Magistrate Judge David R. Strawbridge (Document No. 9) and no objections to the Report and Recommendation having been filed, and after a thorough and independent review of the record, it is ORDERED that: 1. The Report and Recommendation of Magistrate Judge Strawbridge is APPROVED and ADOPTED; 2. The Petition for Writ of Habeas Corpus is DISMISSED; and, 3. Petitioner having failed to demonstrate that a reasonable jurist would debate the correctness of this procedural ruling, a certificate of appealability shall not issue. /s/Timothy J. Savage TIMOTHY J. SAVAGE, J.

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