Clagon v. Digugliemo

Full title: DAMIEN CLAGON, Petitioner v. DIGUGLIEMO, et al., Respondent

Court: United States District Court, E.D. Pennsylvania

Date published: Aug 14, 2009

CIVIL ACTION NO. 09-372 (E.D. Pa. Aug. 14, 2009)

Opinion

CIVIL ACTION NO. 09-372.

August 14, 2009

ORDER

LAWRENCE STENGEL, Judge

AND NOW, this 13 day of August, 2009, upon consideration of the petitioner's petition for writ of habeas corpus and the defendant's response thereto, and after review of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells dated May 7, 2009, with objections filed by the petitioner on May 19, 2009, IT IS ORDERED as follows:

1. The Report and Recommendation is APPROVED and ADOPTED; and,

2. Grounds Two, Three, and Four in the petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2254, are DISMISSED; and,

3. Ground One in the petition is DENIED without an evidentiary hearing. Petitioner has not demonstrated that any reasonable jurist could find this court's procedural ruling debatable, nor shown any denial of any constitutional right; hence, no probable cause exists to issue a certificate of appealability.

The Clerk of Court is directed to mark this case closed.