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John Hart v. Pennsylvania Board of Probation & Parole

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


March 9, 2011

JOHN HART,
v.
PENNSYLVANIA BOARD OF PROBATION & PAROLE, ET AL.

The opinion of the court was delivered by: Norma L. Shapiro J.

ORDER

AND NOW, this 9th day of March, 2011, upon consideration of the petition for writ of habeas corpus (paper no. 1), the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells (paper no. 5), and petitioner's objections thereto (paper no. 6), it is ORDERED that:

1. Petitioner's objections to the Report and Recommendation are GRANTED in part and OVERRULED in part;

2. The Report of the Magistrate Judge is REJECTED insofar as it states petitioner's habeas petition is second or successive under 28 U.S.C. § 2244(b)(1);

3. The Recommendation of the Magistrate Judge is ADOPTED insofar as it recommends dismissing petitioner's habeas petition;

4. The petition for writ of habeas corpus is DISMISSED FOR LACK OF JURISDICTION;

5. Because reasonable jurists would not debate the appropriateness of the court's disposition of petitioner's habeas claim, there is no basis for the issuance of a certificate of appealability. See Slack v. McDaniel, 529 U.S. 473, 483-84 (2000);

6. The Clerk of Court shall mark this action CLOSED.

20110309

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