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Simmons v. Diguglielmo

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


August 27, 2009

GERALD SIMMONS, PETITIONER
v.
DAVID DIGUGLIELMO, ET AL., RESPONDENTS

The opinion of the court was delivered by: Legrome D. Davis, J

ORDER

AND NOW, this 27th day of August, 2009, upon careful and independent consideration of the petition for a writ of habeas corpus, and after review of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice, IT IS ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED

2. The petition for a writ of habeas corpus is DENIED with prejudice.

3. There is no probable cause to issue a certificate of appealability.

4. The Clerk of Court shall mark this case closed for statistical purposes.

20090827

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