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Michael Staton v. Paul Smeal

September 23, 2011

MICHAEL STATON
v.
PAUL SMEAL



The opinion of the court was delivered by: Timothy J. Savage, J.

ORDER

AND NOW, this 23rd day of September, 2011, upon consideration of the Petition for Writ of Habeas Corpus (Document No. 2), the Respondents' Answer to Petition for Writ of Habeas Corpus (Document No. 19), the Report and Recommendation filed by United States Magistrate Judge Lynne A. Sitarski (Document No. 20) and the petitioner's objections to the Report and Recommendation (Document No. 23), and after a thorough and independent review of the record, it is ORDERED that:

1. The petitioner's objections are OVERRULED; 2. The Report and Recommendation of Magistrate Judge Sitarski is APPROVED and ADOPTED;

3. The Petition for Writ of Habeas Corpus is DENIED; and,

4. There is no probable cause to issue a certificate of appealability.

Timothy J. Savage

20110923

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