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Chappell v. Folino

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


May 18, 2009

DERRICK CHAPPELL, PETITIONER
v.
LOUIS FOLINO, THE DISTRICT ATTORNEY OF THE COUNTY OF DELAWARE AND THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, RESPONDENTS

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER NOW, this 18th day of May, 2009, upon consideration of the pro se Petition for Writ of Habeas Corpus, which petition was filed on August 18, 2006; upon consideration of the Answer to Petition Seeking Writ of Habeas Corpus, which answer was filed November 21, 2006; upon consideration of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge filed April 27, 2007; upon consideration of Petitioner's Written Objections to Magistrate Judge's Report and Recommendation, which objections were filed on June 7, 2007; upon consideration of Petitioner's Addendum to Petition for Writ of Habeas Corpus, which addendum was filed May 22, 2008; it appearing that petitioner's objections to Magistrate Judge Strawbridge's Report and Recommendation are a restatement of the issues raised in his underlying petition for habeas corpus relief and are without merit; it further appearing after de novo review of this matter that Magistrate Judge Strawbridge's Report and Recommendation correctly determined the legal and factual issues presented in the petition for habeas corpus relief,

IT IS ORDERED that Magistrate Judge Strawbridge's Report and Recommendation is approved and adopted.

IT IS FURTHER ORDERED that petitioner's objections to Magistrate Judge Strawbridge's Report and Recommendation are overruled.*fn1

IT IS FURTHER ORDERED that the pro se petition for habeas corpus relief is denied without a hearing.

IT IS FURTHER ORDERED that because petitioner fails to demonstrate denial of a constitutional right, a certificate of appealability is denied.

IT IS FURTHER ORDERED that the Clerk of Court shall mark this matter closed for statistical purposes.


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