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Tam C. Nguyen v. Louis Folino

June 29, 2011

TAM C. NGUYEN
v.
LOUIS FOLINO, ET AL DEFENDANT



The opinion of the court was delivered by: Lawrence F. Stengel, J.

ORDER

AND NOW, this 29th day of June, 2011, upon de novo consideration of the Petition for Writ of Habeas Corpus filed under 28 U.S.C. § 2254, and the Response thereto, and after review of the thorough and well-reasoned Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo and the petitioner's objections to the Report and Recommendation, it is hereby ORDERED that:

1. Petitioner's objections to the Report and Recommendation are OVERRULED;

2. The Report and Recommendation is APPROVED and ADOPTED.

3. The petition for Writ of Habeas Corpus is DENIED.

3. A certificate of appealability shall not issue since, for the reasons set forth in the Report and Recommendation, petitioner has not made a substantial showing of the denial of a constitutional right.

BY THE COURT:

Lawrence F. Stengel

20110629

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