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Reginald Byrd v. Louis Folino

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


January 12, 2012

REGINALD BYRD,
PETITIONER,
v.
LOUIS FOLINO, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 12th day of January 2012, upon careful and independent consideration of the Report and Recommendation of Magistrate Judge Rapoport, the objections thereto, and the submissions of the parties, it is hereby ORDERED that:

1. The Objections are OVERRULED and the Report and Recommendation is APPROVED AND ADOPTED ;

2. The Petition for a Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE ;

3. Petitioner's "Request for the Court to Accept Evidence" [Doc. No. 33] and "Motion to Strike" [Doc. No. 35] are DISMISSED AS MOOT ; and

4. There is no basis for the issuance of a certificate of appealability. It is so ORDERED . *fn1

BY THE COURT:

Cynthia M. Rufe


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