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Hammond v. Brooks

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


May 29, 2009

CHRISTOPHER WADE HAMMOND, PETITIONER,
v.
MARILYN BROOKS, RESPONDENTS.

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

Order

And now, this 29th day of May 2009, upon careful consideration of Christopher Wade Hammond'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 Timothy R. Rice, and petitioner's objections thereto, it is hereby ORDERED that:

1. Petitioner's objections are OVERRULED;

2. The Recommendation of United States Magistrate Judge Timothy R. Rice 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

20090529

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