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Cornelius Harold v. Robert Collins (Superintendent); the District Attorney of the

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


November 7, 2011

CORNELIUS HAROLD, PETITIONER
v.
ROBERT COLLINS (SUPERINTENDENT); THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA; 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 4 th day of November, 2011, upon consideration of the following documents:

(1) Petition for Writ of Habeas Corpus by a Person in State Custody, which petition was filed by petitioner Cornelius Harold pro se on March 10, 2011 *fn1 (Document 1); together with Memorandum of Law, which memorandum was filed March 10, 2011 (Document 1-1)

(2) Response to Petition for Writ of Habeas Corpus, which response was filed by respondents on April 25, 2011 (Document 4);

(3) Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter filed June 22, 2011 (Document 6); and

(4) Objections to the Report and Recommendation of Chief Magistrate Judge Thomas J. Rueter Dated June 22, 2011, which objections were filed by petitioner on July 25, 2011 (Document 10); 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 Report and Recommendation of Chief Magistrate Judge Rueter is approved and adopted.*fn2

IT IS FURTHER ORDERED that the objection of petitioner to the Report and Recommendation of Chief Magistrate Judge Rueter is overruled. *fn3

IT IS FURTHER ORDERED that the petition for writ of habeas corpus is dismissed without a 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 procedural ruling debatable, and because petitioner fails to demonstrate denial of a constitutional right, a certificate of appealability is denied. *fn4

BY THE COURT:

James Knoll Gardner


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