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YELVERTON v. DISTRICT ATTORNEY OF DELAWARE COUNTY

July 23, 2004.

JAMES Z. YELVERTON, JR.
v.
DISTRICT ATTORNEY OF DELAWARE COUNTY, et al.



The opinion of the court was delivered by: PETRESE B. TUCKER, District Judge

ORDER

AND NOW, this ____ day of July, 2004, upon careful and independent consideration of the pleadings and record herein, and after review of the Report and Recommendation ("R&R") of the United States Magistrate Judge Thomas J. Rueter (Doc. 8), and Petitioner's Objections thereto (Doc. 9), IT IS HEREBY ORDERED AND DECREED:

1. The Report and Recommendation is APPROVED and ADOPTED;*fn1

  2. The Motion to Dismiss (Doc. 6) is GRANTED;

  3. The Petition for Writ of Habeas Corpus is DISMISSED; and

  4. A Certificate of Appealability is ...


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