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Ginn v. Diguglielmo

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


August 5, 2009

ALLEN GINN
v.
DAVID DIGUGLIELMO

The opinion of the court was delivered by: John R. Padova, J.

ORDER

AND NOW, this 5th day of August, 2009, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. No. 3), and after review of United States Magistrate Judge Carol Sandra Moore Wells's Report and Recommendation (Doc. No. 6), and consideration of Petitioner's Objections to the Magistrate Judge's Report and Recommendation (Doc. No. 7), IT IS HEREBY ORDERED that:

1. Petitioner's Objections are OVERRULED.

2. The Report and Recommendation of Judge Wells is APPROVED and ADOPTED.*fn1

3. The Petition for a Writ of Habeas Corpus is DISMISSED.

4. Because Petitioner has failed to make a substantial showing of the denial of a constitutional right or demonstrated that a reasonable jurist would debate the correctness of this ruling, the Court declines to issue a certificate of appealability under 28 U.S.C. § 2253(c)(2).

5. The Clerk shall CLOSE this case statistically.


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