United States District Court, W.D. Pennsylvania
August 29, 2005.
HENRY CULVER, Petitioner,
FREDERIC ROSEMEYER, et al., Respondents.
The opinion of the court was delivered by: Arthur J. Schwab, District Judge
AND NOW, this 29th day of August 2005, after a petition for
a writ of habeas corpus was filed by the petitioner, Henry
Culver, and after the Report and Recommendation of the United
States Magistrate Judge was issued, and the parties were granted
ten days after being served with a copy to file written
objections thereto, and upon consideration of the objections
filed by the petitioner, and after independent review of the
petition and the record, and upon consideration of the Report and
Recommendation of the Magistrate Judge, which is adopted and
incorporated as the opinion of this Court.
IT IS ORDERED that the petition of Henry Culver for a writ of
habeas corpus is dismissed, and that a certificate of
appealability is denied for lack of a viable federal habeas
IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the
F.R.App.P., if the petitioner desires to appeal from this Order,
he must do so within thirty (30) days by filing a notice of
appeal as provided by Rule 3 F.R.App.P.
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