IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
March 27, 2009
JAMES WHITE, PLAINTIFF,
JAMES MCGRADY, ET AL., DEFENDANTS.
AND NOW, this 27th day of March, 2009, upon careful and independent consideration of the Petition for Writ of Habeas Corpus, Petitioner's Memorandum of Law in Support, and the Response thereto, and after review of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells dated January 21, 2009 and Petitioner James White's Objection thereto, IT IS HEREBY ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED as to every section except for a portion of Section II.C.2.b.;*fn1
2. The Petition for Writ of Habeas Corpus is DENIED without prejudice and DISMISSED without an evidentiary hearing; and
3. There is no probable cause to issue a certificate of appealability.
4. The Clerk of Court shall mark this case CLOSED for statistical purposes.
Gene E.K. Pratter United States District Judge