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Harry Evans v. the Attorney General of the State of Pennsylvania

May 16, 2011

HARRY EVANS
v.
THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA



The opinion of the court was delivered by: Stewart Dalzell, J.

ORDER

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:

20110516

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