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Johnson v. Piazza

August 12, 2009

KEVIN JOHNSON, PETITIONER,
v.
JOSEPH J. PIAZZA, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Eduardo C. Robreno, J.

ORDER

AND NOW, this 12th day of August 2009, upon consideration of Respondent's motion for reconsideration (doc. no. 13) and of the Report and Recommendation of United States Magistrate Peter B. Scuderi (doc. no. 8), and Petitioner's objections thereto (doc. no. 11), and for the reasons stated in the Court's Memorandum dated August 12, 2009, it is hereby ORDERED that:

1. Respondent's motion for reconsideration (doc. no. 13) is GRANTED and the Court's Memorandum and Order dated December 5, 2008 (doc. no. 12) is VACATED in part;

2. The Report and Recommendation (doc. no. 8) is APPROVED and ADOPTED;

3. Petitioner's objections to the Report and Recommendation (doc. no. 11) are and OVERRULED;

4. The Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, (doc. no. 1) is DENIED and DISMISSED;

5. There is no probable cause to issue a Certificate of Appealability;*fn1 and

6. The case shall be marked CLOSED.

AND IT IS SO ...


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