Forcades v. McGrady

Full title: FELIX FORCADES v. JAMES J. McGRADY, et al

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

Date published: Nov 24, 2010

CIVIL ACTION No. 09-5502 (E.D. Pa. Nov. 24, 2010)

Opinion

CIVIL ACTION No. 09-5502.

November 24, 2010

ORDER

NORMA SHAPIRO, Senior District Judge

AND NOW, this 23^rd day of November, 2010, upon consideration of the petition for writ of habeas corpus (paper no. 1) and the Report and Recommendation of United States Magistrate Judge M. Faith Angell (paper no. 16), it is ORDERED that:

1. No objections having been filed, the Report and Recommendation is APPROVED and ADOPTED.

2. The petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, is DENIED ON THE MERITS as to Claim No. 3 (subpart 1), and DISMISSED WITH PREJUDICE as to Claim Nos. 1, 2, 3 (subparts 2 through 7), 4, and 5 for procedural default, as explained in the Report and Recommendation.

3. There is no basis to issue a certificate of appealability.

4. The Clerk of Court shall mark this action CLOSED.