LEARY v. KERESTES et al

Filing 18

ORDER AS FOLLOWS: THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION IS DENIED; PETITIONER'S OBJECTIONS ARE OVERRULED; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; AND THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/9/11. 11/10/11 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(fb)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ : WALLACE T. LEARY, : Petitioner, : CIVIL ACTION v. : : NO. 10-5541 JOHN KERESTES, et al., : Respondents. : __________________________________________: ORDER AND NOW, this 9th day of November 2011, after a careful and independent review of the Report and Recommendation (Doc. No. 8), Petitioner’s Objections thereto (Doc. No. 15), and the entire record in this case, and for the reasons stated in the Opinion filed this day, it is hereby ORDERED as follows: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The Petition (Doc. No. 1) is DENIED; 3. Petitioner’s Objections are OVERRULED; 4. A Certificate of Appealability SHALL NOT issue; and 5. The Clerk of Court shall CLOSE this case. It is so ORDERED. BY THE COURT: /s/ Hon. Cynthia M. Rufe _______________________ HON. CYNTHIA M. RUFE

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