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Amaro v. District Attorney of the County of Montgomery

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


June 1, 2010

VALENTINO AMARO, PETITIONER,
v.
THE DISTRICT ATTORNEY OF THE COUNTY OF MONTGOMERY, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA AND KENNETH CAMERON, RESPONDENTS

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 1st day of June, 2010, upon consideration of the Petition for Writ of Habeas Corpus, which petition is dated December 8, 2008 and was filed on December 18, 2008 in the United States District Court for the Western District of Pennsylvania;*fn1 upon consideration of the Petition for Writ of Habeas Corpus by a Person in State Custody filed February 17, 2009;*fn2 upon consideration of the Response in Opposition to Petition for Writ of Habeas Corpus, which response was filed May 4, 2009; upon consideration of the Motion to Reply in Opposition to the Respondent's Answer, which reply was filed May 11, 2009; upon consideration of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge filed July 31, 2009; it appearing that as of the date of this Order no objections have been filed to the Report and Recommendation of Magistrate Judge Strawbridge; it further appearing after review of this matter that Magistrate Judge Strawbridge's Report and Recommendation correctly determined the legal and factual issues presented in the petition for habeas corpus relief,

IT IS ORDERED that Magistrate Judge Strawbridge's Report and Recommendation is approved and adopted.

IT IS FURTHER ORDERED that the petition for habeas corpus relief is denied without an evidentiary hearing.

IT IS FURTHER ORDERED that because petitioner has not met statutory requirements to have his case heard, and no reasonable jurist could find this ruling debatable, and because petitioner fails to demonstrate denial of a constitutional right, a certificate of appealability is denied.

IT IS FURTHER ORDERED that the Clerk of Court shall mark this matter dismissed.


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