JOHNSON v. KLEM

Full title: MEL JOHNSON v. EDWARD J. KLEM, et al

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

Date published: Jul 8, 2004

Civil Action No. 04-410 (E.D. Pa. Jul. 8, 2004)

Opinion

Civil Action No. 04-410.

July 8, 2004

ORDER

LOUIS POLLAK, Senior District Judge

AND NOW, this ____ day of July 2004, upon consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, the opposition thereto, the Report and Recommendation of United States Magistrate Judge Diane M. Welsh and petitioner's objections to the Report and Recommendation, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;

2. The Petition for Writ of Habeas Corpus is DENIED and DISMISSED;

3. A certificate of appealability shall not issue since, for the reasons set forth in the Report and Recommendation, a reasonable jurist could not conclude that the Court would be incorrect in dismissing the present petition due to petitioner's procedurally defaulted habeas claims.