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Labrake v. Stowitzky

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


September 3, 2009

DANIEL LABRAKE, PETITIONER,
v.
PAUL STOWITZKY, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Yohn, J.

Order

And now, this 3d day of September 2009, upon careful consideration of Daniel LeBrake's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, the respondent's response, the Report and Recommendation of United States Magistrate Judge Henry S. Perkin, and petitioner's objections thereto, and the respondent's response, it is hereby ORDERED that:

1. Petitioner's objections are OVERRULED;*fn1

2. The Recommendation of United States Magistrate Judge Henry S. Perkin is APPROVED;

3. The petition for writ of habeas corpus is DISMISSED and DENIED;

4. The Clerk shall CLOSE this case for statistical purposes; and

5. Petitioner having failed to make a substantial showing of the denial of a constitutional right, there is no ground to issue a certificate of appealability.

William H. Yohn Jr., Judge


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