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Jiminez v. Nish

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


June 30, 2009

MANUEL JIMINEZ, PETITIONER
v.
SUPERINTENDENT JOSEPH NISH, DISTRICT ATTORNEY OF THE COUNTY OF BERKS, AND 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 30th day of June, 2009, upon consideration of the Petition for Writ of Habeas Corpus filed October 15, 2008 by petitioner pro se; upon consideration of the Answer to the Petition for Writ of Habeas Corpus, which answer was filed January 26, 2009 by respondents; upon consideration of the Report and Recommendation of United States Magistrate Judge M. Faith Angell filed June 3, 2009; it appearing that as of the date of this Order, petitioner has not filed any objections to the Report and Recommendation of Magistrate Judge Angell; it further appearing after review of this matter that Magistrate Judge Angell'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 Angell's Report and Recommendation is approved and adopted.

IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus is denied.

IT IS FURTHER ORDERED that because petitioner has not met statutory requirements to have his case heard, and no reasonable jurist could find this ruling debatable, and 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.

20090630

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