IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
July 10, 2007
WILLIAM JAMES YATES, PETITIONER,
JAMES SHERMAN, RESPONDENT.
The opinion of the court was delivered by: Sean J. McLaughlin United States District Judge
This habeas corpus action was received by the Clerk of Court on June 5, 2006, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Magistrate Judge's Report and Recommendation [Doc. No. 11], filed on June 18, 2007, recommended that Petitioner's Petition be denied and that a certificate of appealability be denied. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Petitioner by certified mail and on Respondent. No objections were filed. After de novo review of the petition and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 10th day of July, 2007;
IT IS HEREBY ORDERED that the Petitioner's Petition for Writ of Habeas Corpus is DENIED and a certificate of appealability is DENIED.
The Report and Recommendation [Doc. No. 11] of Magistrate Judge Baxter, filed on June 18, 2007, is adopted as the opinion of the Court.
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