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Banks v. Common Pleas of Philadelphia

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


January 27, 2010

DARRYL BANKS, PETITIONER
v.
COMMON PLEAS OF PHILADELPHIA, ET AL., RESPONDENTS

The opinion of the court was delivered by: Lawrence F. Stengel, J.

ORDER

AND NOW, this 27th day of January, 2010, upon independent consideration of the petition for writ of habeas corpus, the response thereto, and after a careful review of the thorough and well-reasoned Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells (Document #29), it is hereby ORDERED that:

1. This case is returned to the active docket;

2. There being no objections, the Report and Recommendation is APPROVED and ADOPTED;

3. The petition for writ of habeas corpus is DISMISSED without an evidentiary hearing;

4. The petitioner has neither shown a denial of a constitutional right, nor established that reasonable jurists would disagree with this court's disposition of his claims. Consequently, a certificate of appealability is DENIED.

The Clerk of Court is directed to mark this case CLOSED for all purposes.

20100127

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