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Haynes v. Commonwealth

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


October 4, 2010

TONY LAMAR HAYNES
v.
COMMONWEALTH, ET AL.

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

ORDER

AND NOW , this 4th day of October, 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 Petitioner's Remarks (Docket Nos. 32, 33),*fn1 and after review of the Report and Recommendation of United States Magistrate Judge M. Faith Angell, IT IS HEREBY ORDERED as follows:

1. The Report and Recommendation is APPROVED and ADOPTED .

2. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE .

3. Because Petitioner has failed to make a substantial showing of the denial of a constitutional right or demonstrate 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).

4. The Clerk shall CLOSE this case statistically.


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