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Earvin v. Palakovich

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


March 24, 2009

EDWARD EARVIN, PETITIONER,
v.
JOHN A. PALAKOVICH, ET AL. RESPONDENTS.

The opinion of the court was delivered by: Yohn, J.

Order

And now, this 24th day of March 2009, upon careful consideration of Edward Earvin's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, the government's response thereto, and the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, and no objections to the Report and Recommendation having been filed, IT IS HEREBY ORDERED that:

1. The Recommendation of United States Magistrate Judge David R. Strawbridge is APPROVED and ADOPTED*fn1 ;

2. The petition for writ of habeas corpus is DISMISSED in part and the balance DENIED;

3. The Clerk shall CLOSE this case for statistical purposes; and

4. Petitioner having failed to make a substantial showing of the denial of a constitutional right, there is no ground to issue a certificate of appealability.

William H. Yohn Jr., Judge


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