MCKERNAN v. PALAKOVICH et al

Filing 64

ORDER THAT PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AS TO ALL CLAIMS. IN ACCORDANCE WITH 28 U.S.C. SEC. 2253 A CERTIFICATE OF APPEALABILITY IS GRANTED. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 10/22/14. 10/22/14 ENTERED AND COPIES E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PAUL MC KERNAN,
Petitioner,
v.
JOHN A. PALAKOVICH, et al.,
Respondents.

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CIVIL ACTION

NO . 06-2118

ORDER
AND NOW, this 22nd day of October, 2014, upon consideration of the petition for writ
of habeas corpus with supporting exhibits (paper no. 1); response to petition for writ of habeas
corpus by respondents with supporting exhibits (paper no. 8); Report and Recommendation of
Magistrate Judge Thomas J. Rueter regarding the petition of Paul McKernan (paper no. 14);
petitioner’s objections to magistrate judge’s Report and Recommendation (paper no. 25);
response to objections to Report and Recommendation by respondents (paper no. 18);
petitioner’s counseled amended objections to magistrate judge’s Report and Recommendation
with supporting exhibits (papers no. 38, 39, 40); response to amended objections to magistrate
judge’s Report and Recommendations (paper no. 43); letter regarding proposed amendments to
petition (paper no. 48); the record of petitioner’s case in state court and the evidence presented at
the evidentiary hearing held by this court on November 24, 2008; letter regarding evidence of
actual innocence from counsel for petitioner (paper no. 51); response to letter regarding evidence
of actual innocence by respondents (paper no. 53); reply to response to letter regarding evidence
of actual innocence by counsel for petitioner (paper no. 54); correspondence regarding recent
decisions (papers no. 55, 56, 57, 58, 59, 60, 61, 62).
It is ORDERED that:
1. Petitioner Paul McKernan’s Petition for Writ of Habeas Corpus is DENIED as to all
claims.
2. In accordance with 28 U.S.C. § 2253, a certificate of appealability is GRANTED.

/s/ Norma L. Shapiro
J.