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Butler v. Sobina

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


October 28, 2009

ROLAND BUTLER, PETITIONER,
v.
RAYMOND J. SOBINA, 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 "Answer to Respondents August 11, 2009 Answer to His Application for Writ of Habeas Corpus," the Report and Recommendation of United States Magistrate Judge M. Faith Angell dated September 21, 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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