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Kelly v. Pennsylvania Board of Probation and Parole

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


February 27, 2008

TRACY KELLY, PETITIONER
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE; DISTRICT ATTORNEY OF THE COUNTY OF ALLEGHENY; PA STATE ATTORNEY GENERAL, RESPONDENTS

The opinion of the court was delivered by: Joy Flowers Conti United States District Judge

Judge Joy Flowers Conti/Magistrate Judge Amy Reynolds Hay

ORDER

AND NOW, this 27th day of February, 2008, after the Petitioner, Tracy Kelly, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the parties until February 19, 2008, to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,

IT IS HEREBY ORDERED that habeas petition filed pursuant to 28 U.S.C. § 2254 is dismissed;

IT IS FURTHER ORDERED that a certificate of appealability is denied.

IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.

20080227

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