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Tracey Watson v. John C. Thomas; the District Attorney of the County of Philadelphia

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


October 31, 2011

TRACEY WATSON, PETITIONER
v.
JOHN C. THOMAS; THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA, PENNSYLVANIA; AND THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, RESPONDENTS

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

ORDER

NOW, this 31 st day of October, 2011, upon consideration of the following documents:

(1) Petition for Writ of Habeas Corpus by a Person in State Custody filed by petitioner Tracey Watson pro se on January 5, 2010 *fn1 (Document 1);

(2) Response to Petition for Writ of Habeas Corpus, which response was filed by respondents on May 14, 2010 (Document 9);

(3) Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter filed May 25, 2010 (Document 10);

(4) Written Objections to Report & Recommendation, which objections were filed by petitioner on June 8, 2010 (Document 12); and

(5) Response to Petitioner's Objections to Report and Recommendation, which response was filed by respondents on June 24, 2010 (Document 15), it appearing after review of this matter that Chief Magistrate Judge Rueter'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 Chief Magistrate Judge Rueter are overruled. *fn2

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

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

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

BY THE COURT:

James Knoll Gardner


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