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Daniels v. Sobina

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


January 28, 2010

ANDRE M. DANIELS PETITIONER,
v.
RAYMOND SOBINA, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Mitchell S. Goldberg, J.

ORDER

AND NOW, this 28th day of January, 2010, upon consideration of the Petition for Writ of Habeas Corpus, Respondents' Response in Opposition thereto, Petitioner's "Reply in Response to Respondents' Response in Opposition thereto," the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells dated June 19, 2009, Petitioner's objections to the Report and Recommendation, and after a thorough and independent review of the record, it is hereby ORDERED that:

1. Petitioner's objections are OVERRULED;

2. The Report and Recommendation is APPROVED and ADOPTED;

3. The Petition for Writ of Habeas Corpus is DENIED with prejudice and DISMISSED as untimely without an evidentiary hearing; and

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

20100128

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