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Branch v. Tennis

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


April 21, 2009

DARNELL BRANCH, PETITIONER,
v.
FRANKLIN J. TENNIS, ET AL., RESPONDENTS.

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

Order

And now, this 21st day of April 2009, upon careful consideration of Darnell Branch's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, the government's response, the Report and Recommendation of United States Magistrate Judge Peter B. Scuderi, and petitioner's objections thereto, it is hereby ORDERED that:

1. Petitioner's objections are OVERRULED;

2. The Recommendation of United States Magistrate Judge Peter B. Scuderi is APPROVED;

3. The petition for writ of habeas corpus is DISMISSED and DENIED;

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

5. 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

20090421

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