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Khalid anderson v. District Attorney of County

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


November 15, 2012

KHALID ANDERSON
v.
DISTRICT ATTORNEY OF COUNTY OF PHILADELPHIA, ET AL.

The opinion of the court was delivered by: John R. Padova, J.

ORDER

AND NOW, this 14th day of November, 2012, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 1), Petitioner's Memorandum of Law in support of the Petition (Docket No. 8), and Petitioner's "Traverse Brief" (Docket No. 17), and after review of United States Magistrate Judge Linda K. Caracappa's Report and Recommendation (Docket No. 19), and consideration of Petitioner's Objections to the Magistrate Judge's Report and Recommendation (Docket No. 20), IT IS HEREBY ORDERED that:

1. Petitioner's Objections are OVERRULED.

2. The Report and Recommendation of Judge Caracappa is APPROVED and

ADOPTED.*fn1

3. The Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 is DENIED;

4. Because Petitioner has failed to make a substantial showing of the denial of a constitutional right or demonstrated that a reasonable jurist would debate the correctness of this ruling, the Court declines to issue a certificate of appealability under 28 U.S.C. § 2253(c)(2).

5. The Clerk shall CLOSE this case.

BY THE COURT:

John R. Padova, J.


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