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Michael Thomaston v. District Attorney of Philadelphia

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


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 COURT:


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