GRAVES v. SUPERINTENDENT, SCI MAHANOY et al

Filing 17

ORDER AS FOLLOWS: THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED WITHOUT AN EVIDENTIARY HEARING; AND IT IS FURTHER ORDERED THAT THE CLERK OF THE COURT SHALL MARK THE ABOVE-CAPTIONED CASE AS CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE PETRESE B. TUCKER ON 10/16/12. 10/17/12 ENTERED AND COPIES E-MAILED.(fb)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KURTIS GRAVES, Petitioner, v. SUPERINTENDENT, SCI MAHANOY et al, Respondents. : : : : : : : : : : : CIVIL ACTION NO. 10-3481 ORDER AND NOW, this ____ day of October, 2012, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, and after review of the Report and Recommendation of United States Magistrate Judge M. Faith Angell (Doc. 12), Petitioner’s Objections thereto (Doc. 13), and Respondents’ Response to Objections (Doc. 15), IT IS HEREBY ORDERED as follows: 1. The Report and Recommendation is APPROVED AND ADOPTED; 2. The Petition for Writ of Habeas Corpus is DENIED AND DISMISSED WITHOUT AN EVIDENTIARY HEARING; and 3. There is no basis for the issuance of a certificate of appealability. IT IS FURTHER ORDERED that the Clerk of the Court shall mark the above-captioned case as CLOSED for statistical purposes. BY THE COURT: /s/ Petrese B. Tucker ____________________________ Hon. Petrese B. Tucker, U.S.D.J.

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