United States District Court, E.D. Pennsylvania
July 6, 2004.
JOHN OLIVER, JR.
COURT OF COMMON PLEAS, ET AL.
The opinion of the court was delivered by: WILLIAM YOHN, JR., District Judge
AND NOW, this 6th day of July, 2004, upon careful and
independent consideration of the petition for writ of habeas
corpus filed pursuant to 28 U.S.C. § 2254, and after review of
the report and recommendation of United States Magistrate Judge
Thomas J. Rueter and consideration of the petitioner's response
to the Commonwealth's motion to dismiss (Document No. 17) dated
June 5, 2004 and received by the clerk on June 10, 2004, and an
additional copy thereof received by the clerk on June 17, 2004,
IT IS HEREBY ORDERED that:
1. The report and recommendation of Magistrate Judge Thomas J.
Rueter is APPROVED and ADOPTED;
2. The petition for writ of habeas corpus filed pursuant to
28 U.S.C. § 2254 is DISMISSED;
3. The petitioner having failed to make a substantial showing
of the denial of a constitutional right, there is no ground to
issue a certificate of appealability;
4. The clerk shall CLOSE this case statistically.
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