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STEWART v. PAPPERT

July 12, 2004.

RAYMOND STEWART
v.
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

ORDER

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

ORDERED

  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; and

 
3. No certificate of appealability is granted.
...

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