COMMONWEALTH OF PENNSYLVANIA v. BURTON

Filing 49

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITIONER'S REVISED PETITION FOR WRIT OF HABEAS CORPUS IS DENIED; PETITIONER'S REQUEST FOR DISCOVERY IS DENIED; PETITIONER'S REQUEST FOR AN EVIDENTIARY HEARING IS DENIED; A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE; THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 12/11/13. 12/11/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIAFRANKIE GERALD BURTON,
Petitioner,
CIVIL ACTION
NO. 07-1359

v.
STEVEN R. GLUNT, et al.,
Respondents.
ORDER

NOW, this 11th day of December 2013, upon consideration of the revised Petition for a
Writ of Habeas Corpus (Doc. No. 15), Memorandum of Law in Support of the Petition, with
accompanying exhibits (Doc. Nos. 25-26), Respondents' Response in Opposition (Doc. No. 38),
Petitioner's Reply to the Response (Doc. No. 43), the Magistrate Judge's Report and
Recommendation (Doc. No. 44), Petitioner's Objections to the Report and Recommendation
(Doc. No. 47), and the relevant state court record, and in accordance with the Opinion of the
Court issued this day, it is ORDERED as follows:
1. The Report and Recommendation of Magistrate Judge Rueter (Doc. No. 44) is
APPROVED and ADOPTED;

2. Petitioner's revised Petition for a Writ of Habeas Corpus (Doc. No. 15) is DENIED;
3. Petitioner's request for discovery is DENIED;
4. Petitioner's request for an evidentiary hearing is DENIED;
5. A certificate of appealability will not be issued because, based on the analysis
contained in Judge Rueter's Report and Recommendation, as approved and adopted
by this Court, and based on the analysis contained in the Opinion of the Court, a
reasonable jurist could not conclude that the Court is incorrect in denying and
dismissing the habeas petition.

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6. The Clerk of Court shall close the above-captioned case.

BY THE COURT:

Is/ Joel H. Slomsky
JOEL H. SLOMSKY, J.

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