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Ashburn v. Commonwealth

September 27, 2010

CHRISTOPHER ASHBURN, PETITIONER,
v.
COMMONWEALTH, ET AL., RESPONDENTS.



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

ORDER

AND NOW, this 27th day of September, 2010, upon consideration of the petition for writ of habeas corpus, Respondents' response thereto, the Report and Recommendation of United States Magistrate Judge Jacob P. Hart dated September 8, 2010, and after a thorough and independent review of the record, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;

3. The petition for writ of habeas corpus is DISMISSED without prejudice for Petitioner to refile once state court remedies have been exhausted; and

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

20100927

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