IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
December 8, 2009
VICTOR YARBROUGH PETITIONER,
SUPERINTENDENT MR. MICHAEL KLOPOTOSKI, DISTRICT ATTORNEY OF THE COUNTY OF LYNN ABRAHAM; AND, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, RESPONDENTS.
The opinion of the court was delivered by: Jan E. Dubois, J.
AND NOW, this 8th day of December, 2009, upon consideration of the Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (Document No. 1, filed January 23, 2009), and after review of the Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter dated October 30, 2009 (Document No. 13), and Petitioner's Objection to the Report and Recommendation (Document No. 14, filed November 20, 2009),*fn1
IT IS ORDERED as follows:
1. The Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter dated October 30, 2009, is APPROVED and ADOPTED;
2. Petitioner's Objection to Report and Recommendation is OVERRULED;
3. The Petition for Writ of Habeas Corpus is DISMISSED AND DENIED; and,
4. A certificate of appealability will not issue because reasonable jurists would not debate whether the petition states a valid claim of the denial of a constitutional right or this Court's procedural rulings with respect to petitioner's claims. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).