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Bivings v. Wakefield

December 15, 2009

TERRANCE BIVINGS, PETITIONER,
v.
DAVID L. WAKEFIELD, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Berle M. Schiller, J.

ORDER

AND NOW, this 15th day of December, 2009, upon consideration of Magistrate Judge Caracappa's Report and Recommendation (Doc. No. 29), Petitioner's Objections to Report and Recommendation (Doc. No. 30), oral argument on the objections, and a review of the record, it is hereby ORDERED that:

1. The Report and Recommendation of United States Magistrate Judge Linda Caracappa dated October 31, 2009 is APPROVED AND ADOPTED.

2. Petitioner's Objections to the Report and Recommendation are OVERRULED.

3. The Amended Petition for Writ of Habeas Corpus (Doc. No. 26) is DENIED.

4. A certificate of appealability SHALL NOT ISSUE.

20091215

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