IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
July 29, 2009
JAMES MCGRADY COMMISSIONER OF SOCIAL SECURITY
The opinion of the court was delivered by: Legrome D. Davis, J.
AND NOW, this 29th day of July 2009, upon consideration of the Petition for Writ of Habeas Corpus (Doc. Nos. 1, 2), Respondent's Response in opposition thereto (Doc. No. 8), Petitioner's Reply (Doc. No. 9), the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski (Doc. No. 10), and Petitioner's Written Objections thereto (Doc. No. 11, it is hereby ORDERED as follows:
1. The Report and Recommendation is APPROVED AND ADOPTED;
2. The Petition for Writ of habeas Corpus is DENIED AND DISMISSED;
3. A certificate of appealability SHALL NOT issue because the Petitioner has not made a substantial showing of the denial of a constitutional right and because reasonable jurists would not find the correctness of the procedural aspects of this decision debatable. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and
4. The Clerk of Court shall mark this case CLOSED for statistical purposes.
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