CARL v. SUPERINTENDENT, SCI COAL, 11-5176. (2015)
Court: District Court, E.D. Pennsylvania
Number: infdco20151130f06
Visitors: 9
Filed: Nov. 25, 2015
Latest Update: Nov. 25, 2015
Summary: ORDER JOEL H. SLOMSKY , District Judge . AND NOW , this 25th day of November 2015, upon careful and independent consideration of the Petition for a Writ of Habeas Corpus (Doc. No. 1), the Commonwealth's Response to the Petition (Doc. No. 19), Petitioner's Response to the Commonwealth's opposition to the Petition (Doc. No. 22), United States Magistrate Judge Timothy R. Rice's June 13, 2014 Report and Recommendation (Doc. No. 23), Petitioner's Objections to the June 13, 2014 Report and Recom
Summary: ORDER JOEL H. SLOMSKY , District Judge . AND NOW , this 25th day of November 2015, upon careful and independent consideration of the Petition for a Writ of Habeas Corpus (Doc. No. 1), the Commonwealth's Response to the Petition (Doc. No. 19), Petitioner's Response to the Commonwealth's opposition to the Petition (Doc. No. 22), United States Magistrate Judge Timothy R. Rice's June 13, 2014 Report and Recommendation (Doc. No. 23), Petitioner's Objections to the June 13, 2014 Report and Recomm..
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ORDER
JOEL H. SLOMSKY, District Judge.
AND NOW, this 25th day of November 2015, upon careful and independent consideration of the Petition for a Writ of Habeas Corpus (Doc. No. 1), the Commonwealth's Response to the Petition (Doc. No. 19), Petitioner's Response to the Commonwealth's opposition to the Petition (Doc. No. 22), United States Magistrate Judge Timothy R. Rice's June 13, 2014 Report and Recommendation (Doc. No. 23), Petitioner's Objections to the June 13, 2014 Report and Recommendation (Doc. No. 24), Petitioner's Motion for Remand (Doc. No. 25), the Commonwealth's Response to the Motion to Remand (Doc. No. 29), Petitioner's Response to the Commonwealth's Opposition to the Motion to Remand (Doc. No. 30), Petitioner's Motion to Stay and Abey (Doc. No. 31), the Commonwealth's Response to the Motion to Stay and Abey (Doc. No. 32), Petitioner's Reply to the Commonwealth's Opposition to the Motion to Stay and Abey (Doc. No. 33), Magistrate Judge Timothy R. Rice's January 15, 2015 Report and Recommendation (Doc. No. 35), Petitioner's Objections to the January 15, 2015 Report and Recommendation (Doc. No. 36), and the pertinent state court record, and in accordance with the Opinion of the Court issued this day, it is ORDERED as follows:
1. The June 13, 2014 Report and Recommendation of United States Magistrate Judge Timothy R. Rice (Doc. No. 23) is APPROVED and ADOPTED;
2. The Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED;
3. The January 15, 2015 Report and Recommendation of United States Magistrate Judge Timothy R. Rice (Doc. No. 35) is APPROVED and ADOPTED;
4. Petitioner's Motion to Remand to the Magistrate Judge (Doc. No. 25) is DENIED;
5. Petitioner's Motion to Stay and Abey His Application for a Federal Writ of Habeus Corpus (Doc. No. 31) is DENIED;
6. A Certificate of Appealability SHALL NOT issue because, based on the analysis contained in the Magistrate Judge's Reports and Recommendations, as approved and adopted by this Court, a reasonable jurist could not conclude that the Court is incorrect in denying and dismissing the Habeas Petition. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473 (2000); and
7. The Clerk of Court shall close this case for statistical purposes.
Source: Leagle
