MEMORANDUM AND ORDER
EDWARD R. BECKER, District Judge.
We have reviewed Magistrate Naython's report which is filed herewith and we affirm his recommendation that the petition be denied without a hearing and that there is no probable cause for appeal. However, we add the following observations.
First, Magistrate Naythons approached the petition from the viewpoint of the sufficiency of the evidence, but did not deal with the constitutional principles...
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