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05-4760 - SMITH v. CITY OF PHILADELPHIA et al


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05-4760 - SMITH v. CITY OF PHILADELPHIA et al
April 11, 2006
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ORDER THAT REPORT&RECOMMENDATION OF U.S. MAGISTRATE JUDGE ARNOLD C. RAPAPORT DATED 3/15/06, IS APPROVED&ADOPTED; PETITION OF WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. SEC. 2241 IS DISMISSED FOR FAILURE TO EXHAUST STATE REMEDIES; PLFF'S COMPLAINT UNDER 42 U.S.C. SEC. 1983 IS DISMISSED WITHOUT PREJUDICE;&A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE ON THE GROUND THAT PETITIONER HAS NOT MADE A SUBSTANTIAL SHOWING OF A DENIAL OF A CONSTITUTIONAL RIGHT AS REQUIRED UNDER 28 U.S.C. SEC. 2253(c)(2). SIGNED BY JUDGE JAN E. DUBOIS ON 4/11/06. 4/12/06 ENTERED AND COPIES MAILED AND E-MAILED: COPIES FAXED BY CHAMBERS ON 4/11/06.(kw, )