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Javier Ortiz v. Commonwealth of

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


April 13, 2011

JAVIER ORTIZ,
PETITIONER,
v.
COMMONWEALTH OF
PENNSYLVANIA, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Eduardo C. Robreno, J.

ORDER

AND NOW, this 12th day of April, 2011, upon a de novo review*fn1 of Magistrate Judge Henry S. Perkin's Report and Recommendation (doc. no. 18) and Petitioner's Objections to the Report and Recommendation (doc. no. 22), it is hereby ORDERED that:

1. The Report and Recommendation (doc. no. 18) is ADOPTED and APPROVED to the extent consistent with this Order;

2. Petitioner's Objections (doc. no. 22) are OVERRULED;*fn2

3. Petitioner's Revised § 2254 Habeas Petition (doc. no. 6) will be DENIED.*fn3

IT IS FURTHER ORDERED that a certificate of appealability*fn4 shall not issue and that this case shall be marked CLOSED.

AND IT IS SO ORDERED.


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