*1 Case 2:04-cv-05125-CG Document 12 Filed 08/16/05 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MCNEIL, :
Petitioner, : CIVIL ACTION : v. : No. 04-CV-5125
: COMMONWEALTH OF PA, et al., :
Defendants. : ORDER AND NOW, this 16 th day of August, 2005 upon consideration of the Report and Recommendation filed by United States Magistrate Judge Timothy R. Rice, to which no Objections have been filed, and upon careful and independent review of the petition for writ of habeas corpus, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED . 2. The petition for a writ of habeas corpus is DISMISSED without prejudice. 3. There is no probable cause to issue a certificate of appealability. 4. The Clerk of Court shall mark this case closed for statistical purposes.
BY THE COURT: s/ CLIFFORD SCOTT GREEN, S.J.