SHEARER v. MOORE SMEAL et al

Filing 28

ORDER THAT PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE OVERRULED. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR A WRIT OF HABEAS CORPUS IS DENIED, ETC. THERE IS NO BASIS FOR ISSUING A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 2/27/13. 3/1/13 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL.(lvj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TIMOTHY SHEARER
v.
SHIRLEY R. MOORE SMEAL;
THE DISTRICT ATTORNEY OF
THE COUNTY OF PHILADELPHIA;
THE ATTORNEY GENERAL OF
THE STATE OF PENNSYLVANIA

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CIVIL ACTION

No. 11-5315

ORDER
AND NOW, this 27th day of February, 2013, upon consideration of the petition for writ of
habeas corpus, the Report and Recommendation of Magistrate Judge Timothy R. Rice,
petitioner’s objections to the Report and Recommendation, and all other relevant papers in the
record, for the reasons set forth in the accompanying memorandum, it is ORDERED that:
1. Petitioner’s objections to the Report and Recommendation (paper no. 21) are
OVERRULED.
2. The Report and Recommendation (paper no. 17) is APPROVED and ADOPTED.
3. The petition for a writ of habeas corpus (paper no. 1) is DENIED.
4. Because petitioner has failed to make a substantial showing of the denial of a
constitutional right, there is no basis for issuing a certificate of appealability.
/s/ Norma L. Shapiro
J.

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