GARMON v. DIGUGLIELMO et al

Filing 49

ORDER THAT THE PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED; AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 3/12/18. 3/12/18 ENTERED AND COPIES MAILED TO PETITIONER, E-MAILED TO COUNSEL.(pr, )

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

:
:
v.
:
:
DAVID DIGUGLIELMO, Superintendent, :
THE DISTRICT ATTORNEY OF THE
:
COUNTY OF PHILADELPHIA, and THE :
ATTORNEY GENERAL OF THE STATE :
OF PENNSYLVANIA
:

CIVIL ACTION

NO. 09-1844

ORDER
NOW, this 12th day of March, 2018, upon consideration of the Petition for Writ of
Habeas Corpus Under 28 U.S.C. § 2254 (Document No. 1), the Amendments to Petition
for Writ of Habeas Corpus (Document No. 22), Corrected Amendments to Petition for Writ
of Habeas Corpus (Document No. 26), the Response to the Petition for Writ of Habeas
Corpus (Document No. 35), the Report and Recommendation filed by United States Chief
Magistrate Judge Linda K. Caracappa (Document No. 43), and the petitioner=s objections
to the Report and Recommendation (Document No. 47), and after a thorough and
independent review of the record, it is ORDERED that:
1.

The petitioner=s objections are OVERRULED;

2.

The Report and Recommendation of Chief Magistrate Judge Linda K.

Caracappa is APPROVED and ADOPTED;
3.

The Petition for Writ of Habeas Corpus is DENIED; and,

4.

There is no probable cause to issue a certificate of appealability.

/s/TIMOTHY J. SAVAGE