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UNITED STATES EX REL. PATOSKY v. KOZAKIEWICZ

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


March 24, 1997

UNITED STATES OF AMERICA, EX. REL. FRED W. PATOSKY, Petitioner
v.
CHARLES J. KOZAKIEWICZ, Warden, Allegheny County Jail, Respondent, and THOMAS W. CORBETT, JR., Attorney General of the Commonwealth of Pennsylvania, Additional Respondent.

The opinion of the court was delivered by: BLOCH

MEMORANDUM ORDER

 Petitioner's petition for writ of habeas corpus was received by the Clerk of Court on March 13, 1996, and was referred to United States Magistrate Judge Ila Jeanne Sensenich for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. ยง 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

 The magistrate judge's report and recommendation, filed on March 3, 1997, recommended that the petition be denied and that a certificate of appealability be denied. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Petitioner by delivery to counsel and on Respondents. Objections were filed by Petitioner on March 13, 1997. After de novo review of the pleadings and documents in the case, together with the report and recommendation and objections thereto, the following order is entered:

 AND NOW, this 24th day of March, 1997.

 IT IS HEREBY ORDERED that the petition is denied.

 IT IS FURTHER ORDERED that a certificate of appealability is denied.

 The report and recommendation of Magistrate Judge Sensenich, dated March 3, 1997, is adopted as the opinion of the court.

 Alan N. Bloch

 United States District Judge

19970324

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