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Michael Thomaston v. District Attorney of Philadelphia

January 25, 2012

MICHAEL THOMASTON
v.
DISTRICT ATTORNEY OF PHILADELPHIA, ET AL.



The opinion of the court was delivered by: Stewart Dalzell, J.

ORDER

AND NOW, this 25th day of January, 2012, upon consideration of petitioner Michael Thomaston's pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (docket entry # 1), the respondent's response thereto (docket entry # 9), and after careful and independent review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey (docket entry # 12), to which a timely but substantively inadequate objection was filed under Local R. Civ. P. 72.1 IV(b) (docket entry # 13),*fn1 and the Court finding that in Judge Hey's well-reasoned Report and Recommendation she properly examined all issues of fact and law relevant to the disposition of Thomaston's petition, it is hereby ORDERED that:

1. Thomaston's objection (docket entry # 13) is OVERRULED;

2. The Report and Recommendation (docket entry # 12) is APPROVED and ADOPTED;

3. Thomaston's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (docket entry # 1) is DENIED;

4. Thomaston having failed to make a substantial showing of the denial of a constitutional right, we DECLINE to issue a certificate of appealability; and

5. The Clerk of Court shall CLOSE this case statistically.

BY THE ...


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