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Cheatham v. Coleman

October 28, 2009

GARY CHEATHAM, PETITIONER,
v.
BRIAN COLEMAN, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Mitchell S. Goldberg, J.

ORDER

AND NOW, this 28th day of October, 2009, upon consideration of the Petition for Writ of Habeas Corpus, Respondents' Answer thereto, Petitioner's "Response to the Respondents," the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski dated September 14, 2009, Petitioner's objections to the Report and Recommendation, and after a thorough and independent review of the record, it is hereby ORDERED that:

1. Petitioner's objections are OVERRULED;

2. The Report and Recommendation is APPROVED and ADOPTED;

3. The Petition for Writ of Habeas Corpus is DENIED with prejudice and DISMISSED as untimely without an evidentiary hearing; and

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

20091028

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