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Penn v. Rozum

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


June 10, 2010

TERRY JAY PENN
v.
GERALD ROZUM, ET AL.

The opinion of the court was delivered by: John R. Padova, J.

ORDER

AND NOW, this 10th day of June, 2010, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 1), and after review of United States Magistrate Judge Henry Perkin's Report and Recommendation (Docket No. 8), and consideration of Petitioner's Objection to the Magistrate Judge's Report and Recommendation (Docket No. 10), IT IS HEREBY ORDERED as follows:

1. Petitioner's Objection is OVERRULED.

2. The Report and Recommendation of Judge Perkin is APPROVED and ADOPTED.*fn1

3. The Petition for a Writ of Habeas Corpus is DISMISSED.

4. Because Petitioner has failed to make a substantial showing of the denial of a constitutional right or demonstrated that a reasonable jurist would debate the correctness of this ruling, the Court declines to issue a certificate of appealability under 28 U.S.C. § 2253(c)(2).

5. The Clerk shall CLOSE this case statistically.


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