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Vincent James Kowalewski, Iii v. James Mcgrady

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


June 4, 2012

VINCENT JAMES KOWALEWSKI, III,
PETITIONER,
v.
JAMES MCGRADY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: C. Darnell Jones, II

ORDER

The Court has carefully reviewed all pleadings, the full record, and the Report and Recommendation filed by U.S. Magistrate Judge M. Faith Angell (Dkt. No. 10) ("R&R"). The Court has also reviewed the Objections filed by Petitioner (Dkt. No. 13),*fn1 and fully concurs with Magistrate Judge Angell's conclusions concerning procedural default and Petitioner's inability to overcome the hurdles created by such.*fn2 Moreover, where Petitioner may not have defaulted, the Court concurs with Magistrate Judge Angell's conclusions that Petitioner's contentions are without merit,*fn3 and thus are insufficient to justify an evidentiary hearing. Williams v. Beard, 637 F.3d 195 (3d Cir. 2011). Petitioner has not presented any compelling basis to disturb the decisions of the Pennsylvania courts.

AND NOW, this 4th day of June, 2012, it is hereby ORDERED that:

1. The Report and Recommendation of Magistrate Judge M. Faith Angell is APPROVED and ADOPTED;

2. Petitioner's request for an evidentiary hearing is DENIED;

3. The Petition for a Writ of Habeas Corpus is DENIED;

4. A Certificate of Appealability WILL NOT issue; and

5. The Clerk of Court shall mark this case closed for all purposes, including statistics.

BY THE COURT:

C. Darnell Jones, II


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