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Anthony Gardner v. James Wynder

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


April 27, 2011

ANTHONY GARDNER PETITIONER,
v.
JAMES WYNDER, ET AL. RESPONDENTS.

The opinion of the court was delivered by: Joel H. Slomsky, J.

ORDER

AND NOW, this 27th day of April 2011, upon consideration of Petitioner's "Application to Raise a Question of Law Pursuant to 28 U.S.C.A. 1331, for an Analysis of the Extent of the United States Supreme Court Holding: For Re Characterization, in, Castro v. United States; with Consolidated Motion for Relief Pursuant to Rule 60(b)(4), (5), and (6)" (the "Application") (Civ. No. 07-360, Doc. No. 20; Civ. No. 08-2419, Doc. No. 14), United States Magistrate Judge David R. Strawbridge's Report and Recommendation (Civ. No. 07-360, Doc. No. 24; Civ. No. 08-2419, Doc. No. 16), and Petitioner's objections to the Report and Recommendation. (Civ. No. 07-360, Doc. No. 25; Civ. No. 08-2419, Doc. No. 17), and after an independent review of the pertinent record and for the reasons stated in the Opinion dated April 27, 2011, it is ORDERED as follows:

1. The Petitioner's Objections to the Report and Recommendation (Civ. No. 07-360, Doc. No. 25; Civ. No. 08-2419, Doc. No. 17) are without merit and are DENIED.

2. The Report and Recommendation of United States Magistrate Judge David R. Strawbridge (Civ. No. 07-360, Doc. No. 24; Civ. No. 08-2419, Doc. No. 16) is APPROVED and ADOPTED.

3. The Application to Raise a Question of Law Pursuant to 28 U.S.C.A. 1331, for an Analysis of the Extent of the United States Supreme Court Holding: For Re Characterization, in, Castro v. United States; with Consolidated Motion for Relief Pursuant to Rule 60(b)(4), (5), and (6) (the "Application") (Civ. No. 07-360, Doc. No. 20; Civ. No. 08-2419 Doc. No. 14) is DENIED.

3. All outstanding motions are DENIED as moot.

4. A certificate of appealability is DENIED.

5. The Clerk of Court shall close this case.

BY THE COURT:

20110427

© 1992-2011 VersusLaw Inc.



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