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Scott v. Folino

October 22, 2010

MARCUS SCOTT
v.
LOUIS FOLINO, ET AL.



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

ORDER

AND NOW , this 22nd day of October, 2010, upon careful and independent consideration of the Amended Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 11), and all attendant and responsive briefing, and after review of the Report and Recommendation of United States Magistrate Judge Arnold C. Rapoport, and consideration of Petitioner's objections thereto, IT IS HEREBY ORDERED as follows:

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

2. The Report and Recommendation is APPROVED and ADOPTED .*fn1

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

4. 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).

5. The Clerk shall CLOSE this case for ...


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