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Nghiem v. Kerestes

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


April 1, 2009

LOI NGOC NGHIEM PETITIONER
v.
JOHN KERESTES, ET AL. RESPONDENTS

The opinion of the court was delivered by: Thomas M. Golden, J.

ORDER

AND NOW, this 1st day of April, 2009, upon careful and independent consideration of the Petition for Writ of Habeas Corpus (Doc. No. 1), and after reviewing the Report and Recommendation of United States Magistrate Judge Arnold C. Rapoport (Doc. No. 9) and the Petitioner's Objections (Doc. No. 10), IT IS ORDERED that:

1. Petitioner's Objections are OVERRULED;*fn1

2. The Report and Recommendation is APPROVED and ADOPTED;

3. The Petition for Writ of Habeas Corpus is DISMISSED without an evidentiary hearing; and

4. There is no basis for the issuance of a certificate of appealability, as Petitioner has not made a substantial showing that he was denied a constitutional right.*fn2


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