Summary
In McClellan v. Wilson, 2007 WL 666632 (E.D. Pa. 2007) the petitioner argued that he "was clearly denied appellate review of the complete record in Superior Court," which "abused its discretion when [an] incomplete record was used to affirm the Lower Court's decision."
Summary of this case from Jones v. ValdezOpinion
CIVIL ACTION NO. 06-1930.
February 27, 2007
ORDER
AND NOW, this 26th day of February, 2007, upon consideration of the Petition for Writ of Habeas Corpus and respondent's opposition thereto, and after review of the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo, and the parties' objections thereto, 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
3. A Certificate of Appealability shall not issue since a reasonable jurist could not conclude that the court is incorrect in dismissing the habeas petition without prejudice.