IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
September 3, 2009
DANIEL LABRAKE, PETITIONER,
PAUL STOWITZKY, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Yohn, J.
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