IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
May 16, 2011
THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA
The opinion of the court was delivered by: Stewart Dalzell, J.
AND NOW, this 16th day of May, 2011, upon consideration of Harry Evans' petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (docket entry # 1), the Commonwealth's response thereto (docket entry # 10) and memorandum from prison official in support thereof (docket entry # 11), and after careful and independent review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa (docket entry # 12), to which no one filed objections within the time that Local R. Civ. P. 72.1 IV(b) prescribes, and the Court finding that in Judge Caracappa's well-reasoned Report and Recommendation she properly examined all issues of fact and law relevant to the disposition of Evans' petition, it is hereby ORDERED that:
1. The Report and Recommendation (docket entry # 12) is APPROVED and ADOPTED;
2. Evans' petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (docket entry # 1) is DENIED;
3. Evans having failed to make a substantial showing of the denial of a constitutional right, we decline to issue a certificate of appealability; and
4. The Clerk of Court shall statistically CLOSE this case.
BY THE COURT:
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