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Boettlin v. Smeal

November 17, 2009

MICHAEL BOETTLIN, JR.
v.
PAUL K. SMEAL, ET AL.



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

ORDER

AND NOW, this 17th day of November, 2009, upon consideration of the Petition for Writ of Habeas Corpus (Document No. 1), the Respondents' Response to Petition for Writ of Habeas Corpus (Document No. 8), the Petitioner's "Traverse Response" to Respondents' Answer Filed (Document No. 13), the Report and Recommendation filed by United States Magistrate Judge Lynne A. Sitarski (Document No. 15), the petitioner's objections to the Report and Recommendation (Document No. 19), and after a thorough and independent review of the record, it is ORDERED that:

1. The petitioner's objections are OVERRULED;

2. The Report and Recommendation of Magistrate Judge Sitarski is APPROVED and ADOPTED;

3. The Petition for Writ of Habeas Corpus is DENIED; and,

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

20091117

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