IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
October 4, 2010
TONY LAMAR HAYNES
COMMONWEALTH, ET AL.
The opinion of the court was delivered by: John R. Padova, J.
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.