United States District Court, E.D. Pennsylvania
July 23, 2004.
JAMES Z. YELVERTON, JR.
DISTRICT ATTORNEY OF DELAWARE COUNTY, et al.
The opinion of the court was delivered by: PETRESE B. TUCKER, District Judge
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
1. The Report and Recommendation is APPROVED and
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 not granted.