United States District Court, E.D. Pennsylvania
May 20, 2004.
COMMONWEALTH, et al
The opinion of the court was delivered by: JAMES GILES, Chief Judge, District
AND NOW, this ___ day of, _________, 2004, upon careful and
independent review of the Report and Recommendation of Thomas J. Rueter,
United States Magistrate Judge, it is hereby
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for a writ of habeas corpus is DISMISSED without
prejudice for failure to exhaust state court remedies;
3. No certificate of appealability is granted.
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