Oliver v. Court of Common Pleas

Full title: JOHN OLIVER, JR. v. COURT OF COMMON PLEAS, ET AL

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

Date published: Jul 6, 2004

Civil Action No. 03-5017 (E.D. Pa. Jul. 6, 2004)

Opinion

Civil Action No. 03-5017.

July 6, 2004

ORDER

WILLIAM YOHN, JR., District Judge

AND NOW, this 6th day of July, 2004, upon careful and independent consideration of the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, and after review of the report and recommendation of United States Magistrate Judge Thomas J. Rueter and consideration of the petitioner's response to the Commonwealth's motion to dismiss (Document No. 17) dated June 5, 2004 and received by the clerk on June 10, 2004, and an additional copy thereof received by the clerk on June 17, 2004, IT IS HEREBY ORDERED that:

1. The report and recommendation of Magistrate Judge Thomas J. Rueter is APPROVED and ADOPTED;

2. The petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 is DISMISSED;

3. The petitioner having failed to make a substantial showing of the denial of a constitutional right, there is no ground to issue a certificate of appealability;

4. The clerk shall CLOSE this case statistically.