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05-3476 - PHILLIPS v. DIGUGLIELMO et al


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05-3476 - PHILLIPS v. DIGUGLIELMO et al
December 30, 2008
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EXPLANATION AND ORDER - UPON CONSIDERATION OF THE PETITION FOR WRIT OF HABEAS CORPUS FILED PURSUANT TO 28 U.S.C. SS 2254, AND AFTER REVIEW OF THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE LYNNE A. SITARSKI, IT IS HEREBY ORDERED THAT: 1. THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE. 2. A CERTIFICATE OF APPEALABILITY SHOULD NOT ISSUE BECAUSE PETITIONER HAS FAILED TO SHOW THAT A REASONABLE JURIST COULD CONCLUDE THAT THE COURT IS INCORRECT IN DISMISSING THE PETITION.. SIGNED BY HONORABLE ANITA B. BRODY ON 12/23/2008. 12/30/2008 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )