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James Turner v. Tracy Johns

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


November 26, 2012

JAMES TURNER, PETITIONER,
v.
TRACY JOHNS, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Joel H. Slomsky, J.

ORDER AND NOW, this 26th day of November 2012, upon consideration of the Petition for Writ of Habeas Corpus (Doc. No. 1), Respondents' Response to Petition for Writ of Habeas Corpus (Doc. No. 9), Respondents' Supplemental Statement on Jurisdictional Objection (Doc. No. 11), and the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells (Doc. No. 12), it is ORDERED that:

1. The Report and Recommendation of Magistrate Judge Wells is APPROVED and ADOPTED.

2. The Petition for Writ of Habeas Corpus (Doc. No. 1) is DENIED.

3. All outstanding motions are DENIED as moot.

4. A certificate of appealability shall not issue because, for the reasons set forth in the Report and Recommendation, a reasonable jurist could not conclude that the Court is incorrect in denying and dismissing the habeas petition.

BY THE COURT:

Joel H. Slomksy

20121126

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