Rodriguez-Leon v. Rechtenwald

Filing 22

ORDER (memorandum filed previously as separate docket entry); OVERRULING petitioner's objejections; ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Schwab; DENYING petition for writ of habeas corpus; denying 13 Motion for Summary Judgment; Clerk of Court is directed to CLOSE this case; and declining to issues a certificate of appealability. Signed by Honorable James M. Munley on 7/7/14. (sm)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JESUS RODRIGUEZ-LEON, Petitioner : No. 3:13cv1382 : : (Judge Munley) v. : : (Magistrate Judge Schwab) MONICA RECTENWALD, : Respondent : ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER AND NOW, to wit, this 7th day of July 2014, it is hereby ORDERED as follows: 1) The petitioner’s objections to the report and recommendation (Doc. 17) are OVERRULED; 2) The magistrate judge’s report and recommendation (Doc. 16) is ADOPTED; 3) The petitioner’s petition for a writ of habeas corpus (Doc. 1) is DENIED; 4) The petitioner’s motion for summary judgment (Doc. 13) is DENIED; 5) The Clerk of Court is directed to CLOSE this case; and 6) Based upon the reasoning set forth in the accompanying memorandum, we decline to issue a certificate of appealability. BY THE COURT: s/ James M. Munley JUDGE JAMES M. MUNLEY United States District Court

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