IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
June 6, 2012
JOHNNIE DELANTRO YOUNG
COMMONWEALTH OF PENSSYLVANIA, ET AL.
The opinion of the court was delivered by: Lawrence F. Stengel, J.
ORDER AND NOW, this 23rd day of May, 2012, upon consideration of the Petitioner's Writ of Habeas Corpus under 28 U.S.C. § 2254 and the Response to the habeas petition, and after careful review of the Report and Recommendation of the United States Magistrate Judge L. Felipe Restrepo, it is hereby ORDERED that:
1. The Petitioner's objections (Doc. No. 37) are OVERRULED;
2. The Report and Recommendation is APPROVED and ADOPTED;
3. The Petition for Writ of Habeas Corpus (Doc. No. 27) is DENIED and DISMISSED;
4. Petitioner's Motion for Judicial Notice (Doc. No. 28) is DENIED; and
5. A certificate of appealability shall not issue since, for the reasons set forth in the Report and Recommendation, a reasonable jurist could not conclude that the Court is incorrect in dismissing petitioner's waived habeas claims, and petitioner has not made a substantial showing of the denial of a constitutional right with regard to his remaining claim.
BY THE COURT:
LAWRENCE F. STENGEL
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