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07-320 - JEFFRIES v. COMMONWEALTH OF PA et al


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07-320 - JEFFRIES v. COMMONWEALTH OF PA et al
September 18, 2008
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REPORT AND RECOMMENDATION that 12 MOTION to Dismiss filed by COMMONWEALTH OF PA, be granted, and 3 Petition for Writ of Habeas Corpus filed by TERRENCE JEFFRIES, be dismissed, and that a certificate of appealability be denied. Objections to R&R due by 10/6/2008. Signed by Judge Susan Paradise Baxter on 9/18/08. (lrw)
October 14, 2008
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MEMORANDUM ORDER: AND NOW, this 14th day of October, 2008; IT IS ORDERED that the Respondents' Motion 12 to Dismiss Petition for Writ of Habeas Corpus be, and hereby is, GRANTED and the Petition for Writ of Habeas Corpus is DISMISSED. IT IS FURTHER ORDERED that a certificate of appealability is also denied, inasmuch as reasonable jurists would not find it debatable whether the claims raised in the instant Petition for Writ of Habeas Corpus were fully exhausted at the time this action was filed. The Report and Recommendation of Chief Magistrate Judge Baxter, filed on September 18, 2008 15 is adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 10/14/2008. (kas)