IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
June 15, 2011
NILE MONTGOMERY, PETITIONER,
SUPT. LOUIS FOLINO, ET. AL.,
The opinion of the court was delivered by: Hon. Petrese B. Tucker, U.S.D.J.
AND NOW, this ____ day of June, 2011, upon consideration of Petitioner's Petition for Writ of Habeas Corpus (Doc. 1), Respondents' Response in Opposition thereto (Doc. 10), and after careful review of the Report and Recommendation of United States Magistrate Judge Lynne Sitarski (Doc. 13)*fn1 , IT IS HEREBY ORDERED and DECREED as follows:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. Petitioner's Petition for Writ of Habeas Corpus is DENIED; and
3. There has been no substantial showing of the denial of a Constitutional right requiring the issuance of a certificate of appealability.
BY THE COURT:
Petrese B. Tucker