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Ford v. Wenerowicz

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


July 7, 2010

HAROLD FORD
v.
MICHAEL WENEROWICZ, ET AL.

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

ORDER

AND NOW, this 7th day of July, 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 the revised Petition (Docket No. 5), and after review of United States Magistrate Judge Elizabeth T. Hey's Report and Recommendation (Docket No. 19), and consideration of Petitioner's Objections and Supplemental Objections thereto (Docket Nos. 20, 21), IT IS HEREBY ORDERED as follows:

1. Petitioner's Objections to the Report and Recommendation are OVERRULED.

2. The Report and Recommendation of Judge Hey is APPROVED and ADOPTED as set forth in our Memorandum of this date.

3. The Petition for a Writ of Habeas Corpus is DENIED and the revised Petition is DISMISSED as untimely filed.

4. Because the Petitioner has failed to make a substantial showing of the denial of a constitutional right, 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.

20100707

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