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William Cesar Cruz, Jr v. Kenneth P. Cameron

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


June 20, 2011

WILLIAM CESAR CRUZ, JR., PETITIONER
v.
KENNETH P. CAMERON, AS SUPERINTENDENT SCI CRESSON;
THE DISTRICT ATTORNEY OF BERKS CO., AND HIS SUCCESSORS IN OFFICE; AND
THOMAS CORBETT, AS ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA, RESPONDENTS

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 20th day of June, 2011, upon consideration of the following documents:

(1) Petition for a Writ of Habeas Corpus by a Person in State Custody filed by petitioner William Cesar Cruz, Jr. pro se on November 3, 2009 (Document 1) *fn1 ;

(2) Answer to the Motion for Writ of Habeas Corpus, which answer was filed by respondents on February 17, 2010 (Document 6);

(3) Report and Recommendation of United States Magistrate Judge Linda K. Caracappa filed March 10, 2010 (Document 7);

(4) Objection Motion, Which Petitioner's Responding to the U. States Magistrate Judge's Report and Recommendation Entered on the 11 th Day of March 2010, Whereas Said Order in the Contrary to Law (Sic.), which objection motion was filed on March 29, 2010 (Document 9);

(5) Petitioner's Response to the Honorable Judge, Thomas M. Golden J., Order Dated on the 19 th Day of May 2010, Allowing Plaintiff to File a Traverse, which response was filed on June 1, 2010 (Document 13);

(6) Motion for Relief Pending Habeas Corpus Due Process, which motion was filed by petitioner on November 17, 2010 (Document 15); and

(7) Motion for Speedy Disposition of Appellant's Long Pending Writ of Habeas Corpus Due, which motion was filed by petitioner on April 25, 2011 (Document 16),

it appearing after review of this matter that Magistrate Judge Caracappa's Report and Recommendation correctly determined the legal and factual issues presented in the petition for habeas corpus relief,

IT IS ORDERED that the objections of petitioner to the Report and Recommendation of Magistrate Judge Caracappa are overruled. *fn2

Case 5:09-cv-05666-JKG Document 17 Filed 06/21/11 Page 5 of 6

IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge Caracappa is approved and adopted.

IT IS FURTHER ORDERED that the petition for writ of habeas corpus is dismissed without a hearing.

IT IS FURTHER ORDERED that because petitioner has not met statutory requirements to have his case heard, and no reasonable jurist could find this procedural ruling debatable, and because petitioner fails to demonstrate denial of a constitutional right, a certificate of appealability is denied.

IT IS FURTHER ORDERED that petitioner's Motion for Relief Pending Habeas Corpus Due Process is denied in part and dismissed in part as moot. *fn3

IT IS FURTHER ORDERED that petitioner's Motion for Speedy Disposition of Appellant's Long Pending Writ of Habeas Corpus Due is dismissed as moot. *fn4

IT IS FURTHER ORDERED that the Clerk of Court shall mark this case closed for statistical purposes.

BY THE COURT:

James Knoll Gardner


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