IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
May 2, 2011
ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, ET AL
The opinion of the court was delivered by: Stewart Dalzell, J.
AND NOW, this 2nd day of May, 2011, upon careful and independent consideration of Robert Washington's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (docket entry # 1), the defendants' response thereto (docket entry # 16), the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa (docket entry # 17), and the Court finding that it agrees with Judge Caracappa's conclusions Washington's claims are procedurally defaulted, it is hereby ORDERED that:
1. The Clerk of Court shall TRANSFER this case from our Civil Suspense docket to our Active docket for final disposition;
2. The Report and Recommendation is APPROVED and ADOPTED;
3. The petition for habeas corpus pursuant to 28 U.S.C. § 2254 (docket entry # 1) is DENIED;
4. Washington having failed to make a substantial showing of the denial of a constitutional right, we DECLINE to issue a certificate of appealability; and
5. The Clerk of Court shall statistically CLOSE this case.
BY THE COURT:
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