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Branch v. Tennis

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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