IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
September 26, 2011
EDWARD GREEN, PETITIONER,
MICHAEL CURLEY, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Cynthia M. Rufe, J.
ORDER AND NOW , this 26th day of September 2011, upon consideration and careful review of the Petition for Writ of Habeas Corpus (Doc. No. 1), the Response of the Commonwealth (Doc. No. 4), and the Report and Recommendation of United States Magistrate Judge Timothy R. Rice (Doc. No. 5), to which no objection has been filed, it is hereby ORDERED as follows:
1. The Report and Recommendation (Doc. No. 5) is APPROVED and ADOPTED ;
2. The Petition (Doc. No. 1) is DISMISSED
without prejudice ; *fn1
3. There is no probable case to issue a certificate of appealability;
4. The Clerk of Court is directed to CLOSE this case.
It is so ORDERED.
BY THE COURT:
Cynthia M. Rufe, J.