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TYREE MILES v. COMMONWEALTH

November 29, 2010

TYREE MILES, PETITIONER
v.
COMMONWEALTH, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Paul S. Diamond, J.

ORDER AND NOW, this 24th day of November, 2010, upon careful and independent consideration of the petition for a Writ of Habeas Corpus, and after review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa (Doc. No. 8), to which no objections have been filed, it is ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.

2. The Petition for a Writ of Habeas Corpus is DENIED without prejudice for failure to exhaust state court remedies.

3. Petitioner's request for a stay of state court proceedings is DENIED.

4. There is no basis to issue a certificate of appealability.

5. The Clerk of Court shall mark this case closed for statistical purposes.

IT IS SO ORDERED.

/s/ Paul S. Diamond

20101129

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