LAMBERT v. FOLINO

Filing 81

ORDER THAT THE SECOND REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; ALL OF PETITIONER'S CLAIMS ARE DISMISSED OR DENIED WITHOUT AN EVIDENTIARY HEARING; FOR THE REASONS PROVIDED IN JUDGE WELLS' FIRST REPORT AND RECOMMENDATION A CERTIFICA TE OF APPEALABILTY IS GRANTED WITH RESPECT TO PETITIONER' CHALLENGE TO THE EFFICIENCY OF THE EVIDENCE AND FOR THE REASONS PROVIDED IN THE SECOND REPORT AND RECOMMENDATION, DENIED WITH RESPECT TO ALL OTHER CLAIMS. SIGNED BY HONORABLE J. CURTIS JOYNER ON 1/6/16. 1/8/16 ENTERED AND COPIES E-MAILED (jpd)

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

BERNARD LAMBERT

:

vs.

CIVIL ACTION

:

LOUIS FOLINO, et al.

:

NO. 10-CV-1339

ORDER
AND NOW, this

6th

day of

January

, 2016, upon

consideration of the Second Report and Recommendation of United
States Magistrate Judge Carol Sandra Moore Wells and the
Petitioner’s objections thereto, it is hereby ORDERED that:
1.

The Second Report and Recommendation is APPROVED and
ADOPTED.

2.

All of Petitioner’s Claims are DISMISSED or DENIED,
without an evidentiary hearing;

3.

For the reasons provided in Judge Wells’ First Report
and Recommendation, a certificate of appealability is
GRANTED with respect to Petitioner’s challenge to the
sufficiency of the evidence (Claim Fourteen) and, for
the reasons provided in the Second Report and
Recommendation, DENIED with respect to all other claims.

BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER, J.