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Rivera v. Levi

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


November 26, 2008

DAVID RIVERA PLAINTIFF,
v.
TROY LEVI, WARDEN, FDC-PHILA DEFENDANT.

The opinion of the court was delivered by: Jan E. DuBOIS, J.

ORDER

AND NOW, this 26th day of November, 2008, upon consideration of the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 filed by David Rivera, and the related submissions of the parties, including petitioner's Motion for Temporary and Permanent Injunction, and the record in this case, and the Report and Recommendation of United States Magistrate Judge Jacob P. Hart dated August 22, 2008, a copy of the Report and Recommendation having been served on petitioner by certified mail prior to October 29, 2008,*fn1 and petitioner having filed no objections, IT IS ORDERED as follows:

1. The Report and Recommendation of United States Magistrate Judge Jacob P. Hart dated August 22, 2008, is APPROVED and ADOPTED;

2. The Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 filed by David Rivera is DENIED;

3. David Rivera's Motion for Temporary and Permanent Injunction is DENIED AS MOOT; and,

4. A certificate of appealability will not issue because reasonable jurists would not debate whether the petition states a valid claim of the denial of a constitutional right or this Court's procedural rulings with respect to petitioner's claims. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).


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