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Barry Crumbley v. Debra K. Sauers; Commonwealth of Pennsylvania; the Attorney General of the

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


October 18, 2011

BARRY CRUMBLEY, PETITIONER,
v.
DEBRA K. SAUERS; COMMONWEALTH OF PENNSYLVANIA; THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA; AND DISTRICT ATTORNEY OF LEHIGH COUNTY, RESPONDENTS

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

ORDER

NOW, this 18th day of October, 2011, upon consideration of the following documents:

(1) Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by petitioner Barry Crumbley pro se on July 14, 2010*fn1 (Document 1);

(2) Response to Petition for Writ of Habeas Corpus, which response was filed by respondents on December 7, 2010 (Document 12); and

(3) Report and Recommendation of United States Magistrate Judge Arnold C. Rapoport filed July 14, 2011 (Document 13); it appearing that as of the date of this Order no objections have been filed to the Report and Recommendation of Magistrate Judge Rapoport; it further appearing after review of this matter that Magistrate Judge Rapoport's thorough, comprehensive and persuasive Report and Recommendation correctly determined the legal and factual issues presented in the petition for habeas corpus relief,

IT IS ORDERED that Magistrate Judge Rapoport's Report and Recommendation is approved and adopted.

IT IS FURTHER ORDERED that the petition for habeas corpus relief is denied without an evidentiary 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 ruling debatable, and because petitioner fails to demonstrate denial of a constitutional right, a certificate of appealability is denied.*fn2

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

BY THE COURT:


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