United States District Court, E.D. Pennsylvania
July 12, 2004.
GERALD J. PAPPERT, Acting Attorney General, Commonwealth of Pennsylvania, and LYNNE M. ABRAHAM, District Attorney of Philadelphia.
The opinion of the court was delivered by: JOHN FULLAM, Senior District Judge
AND NOW, this ____ day of ____, 2004, upon careful and
independent consideration of the pleadings and record herein, and
after review of the Report and Recommendation of Thomas J.
Rueter, United States Magistrate Judge, it is
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for 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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