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Raymond P. Rose v. James Mcgrady; the District

April 16, 2012

RAYMOND P. ROSE, PETITIONER,
v.
JAMES MCGRADY; THE DISTRICT ATTORNEY OF THE COUNTY OF ERIE; AND THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, RESPONDENTS.



The opinion of the court was delivered by: Magistrate Judge Maureen P. Kelly

ORDER

AND NOW, this 16th day of April 2012, the Petition for Writ of Habeas Corpus is hereby DENIED and a Certificate of Appealability is likewise DENIED.

Petitioner is advised that he has the right for thirty (30) days to file a notice of appeal from our order denying his petition, see 28 U.S.C. § 2253(a); Fed. R.App. P. 4(a)(1)(A), and that our denial of a certificate of appealability does not prevent him from doing so, as long as he also seeks a certificate of appealability from the court of appeals. See Federal Rule of Appellate Procedure 22(b)(1).

BY THE COURT

MAUREEN P. KELLY U.S. MAGISTRATE JUDGE

20120416

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