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Ash v. Diguglielmo

October 29, 2010

RODNEY EDRICE GUNN ASH
v.
DAVID DIGUGLIELMO ET AL.



The opinion of the court was delivered by: R. Barclay Surrick, J.

SURRICK, J.

ORDER

AND NOW, this 29th day of October, 2010, upon careful and independent consideration of the above captioned Petition for Writ of Habeas Corpus, the Report and Recommendation of United States Chief Magistrate Judge Thomas J. Rueter, Petitioner's Amended Objection to Report and Recommendation, and all documents submitted in support thereof and in opposition thereto, it is ORDERED as follows:*fn1

1. The Report and Recommendation is APPROVED and ADOPTED.

2. The Amended Objection to Report and Recommendation is DISMISSED.

3. No. 07-4721 is DISMISSED WITH PREJUDICE and without an evidentiary hearing.

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

IT IS SO ...


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