BYRD v. COLLINS et al

Filing 16

ORDER THAT PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APROVED AND ADOPTED AS SET FORTH IN THE ACCOMPANYING MEMORANDUM; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED; THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY; THE CLERK SHALL CLOSE THIS CASE STATISTICALLY.. SIGNED BY HONORABLE JOHN R. PADOVA ON 10/24/11. 10/26/11 ENTERED AND COPIES MAILED TO PETITIONER, E-MAILED TO COUNSEL.(pr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GLEN BYRD : : : : : v. ROBERT COLLINS, ET AL. CIVIL ACTION NO. 10-2702 ORDER AND NOW, this 24th day of October, 2011, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, and all attendant and responsive briefing, and after review of the Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter, and consideration of Petitioner’s “Written Objections to the Report and Recommendation” (Docket No. 14), IT IS HEREBY ORDERED as follows: 1. Petitioner’s Objections to the Report and Recommendation are OVERRULED; 2. The Report and Recommendation is APPROVED and ADOPTED as set forth in the accompanying Memorandum; 3. The Petition for Writ of Habeas Corpus is DENIED; 4. There is no basis for the issuance of a certificate of appealability; 5. The Clerk shall CLOSE this case statistically. BY THE COURT: /s/ John R. Padova ______________________ John R. Padova, J.

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