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Banks v. Common Pleas of Philadelphia

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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