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Taylor v. Commonwealth

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


June 30, 2009

JOSEPH TAYLOR, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, THE DISTRICT ATTORNEY OF THE COUNTY OF CHESTER 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 30th day of June, 2009, upon consideration of the Petition for Writ of Habeas Corpus, which petition was filed on January 22, 2009; upon consideration of the Answer of the District Attorney of Chester County to Petition Seeking Writ of Habeas Corpus, which answer was filed February 18, 2006; upon consideration of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells filed May 14, 2009; upon consideration of the Written Statement of Objections to the Magistrate Judge's Order and report With Recommendations Pursuant to Local Civil Rule 72.1IV(b), which objections were filed on May 26, 2009; it appearing that petitioner's objections to Magistrate Judge Wells' 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 Wells' Report and Recommendation correctly determined the legal and factual issues presented in the petition for habeas corpus relief,

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

IT IS FURTHER ORDERED that petitioner's objections to Magistrate Judge Wells' 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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