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Derrick Burnside v. Michael Wenerowicz

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


November 22, 2011

DERRICK BURNSIDE
v.
MICHAEL WENEROWICZ, ET AL.

The opinion of the court was delivered by: John R. Padova, J.

ORDER

AND NOW , this 22nd day of November 2011, upon careful and independent consideration of the Petition for Writ of Habeas Corpus (Docket No. 1), the response thereto (Docket No. 8) and Petitioner's Reply Brief (Docket No. 12), and after review of the Report and Recommendation of United States Magistrate Judge Arnold C. Rapoport, and Petitioner's Objections thereto (Docket No. 18), IT IS HEREBY ORDERED as follows:

1. Petitioner's Objections are OVERRULED .*fn1

2. The Report and Recommendation is APPROVED and ADOPTED .

3. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE .

4. Because Petitioner has failed to make a substantial showing of the denial of a constitutional right or demonstrate that a reasonable jurist would debate the correctness of this ruling, the Court declines to issue a certificate of appealability under 28 U.S.C.§ 2253(c)(2).

5. The Clerk shall CLOSE this case statistically.

BY THE COURT:

John R. Padova


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