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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MARK WALLACE a/k/a MARK GREEN, Petitioner, v. JAMES WYDNER, JR. et al., Respondents. : : : : : : : : : : CIVIL ACTION NO. 05-6197

O R D E R

AND NOW, this 15th day of January, 2010, for the reasons provided in the accompanying Memorandum, it is hereby ORDERED:

1.

The Report and Recommendation (doc. no. 69) is APPROVED and ADOPTED.

2.

Petitioner's Objections to the Report and Recommendation, Response, and Reply (doc. nos. 70, 74, 78, respectively) are OVERRULED.

3.

Petitioner's Petition for Habeas Corpus (doc. no. 1) is DENIED and DISMISSED.

IT IS FURTHER ORDERED that a certificate of
appealability 1 shall not issue and that this case shall be marked

CLOSED.

AND IT IS SO ORDERED.

EDUARDO C. ROBRENO, J.

A prisoner seeking a writ of habeas corpus has no absolute entitlement to appeal a district court's denial of his petition. 28 U.S.C.

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