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Smith v. Smeal

United States District Court, Third Circuit

October 24, 2013

MALIK SMITH
v.
PAUL K. SMEAL, et al.

ORDER

JUAN R. SNCHEZ, District Judge.

AND NOW, this 24th day of October, 2013, upon careful and independent consideration of Petitioner Malik Smith's pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254, and after review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa and Smith's objections thereto, it is ORDERED:

1. Smith's Objections to the Report and Recommendation (Document 28) are OVERRULED;[1]
2. Smith's request for the Court to appoint an investigator or attorney to help him procure documents regarding his equitable tolling claim is DENIED as moot;
3. The Report and Recommendation (Document 20) is APPROVED and ADOPTED;
4. Smith's petition for writ of habeas corpus (Document 1) is DENIED;
5. There has been no substantial showing of the denial of a constitutional right warranting the issuance of a certificate of appealability; and
6. The Clerk of Court is DIRECTED to mark this case CLOSED.

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