WITHERSPOON v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 18

ORDER THAT PETITIONER'S OBJECTIONS ARE OVERRULED; THE AMENDED REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION (DOC. NO. 5) IS DENIED; AND A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 5/28/13. 5/29/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, MAILED AND E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
GILES W. WITHERSPOON,
:
Petitioner,
:
:
v.
:
CIVIL ACTION
:
COMMONWEALTH OF
:
NO. 12-2310
PENNSYLVANIA, et al.,
:
Respondents.
:
____________________________________:
ORDER
AND NOW, this 28th day of May 2013, after a careful and independent review of the
Amended Report and Recommendation (Doc. No. 14), Petitioner’s Objections (Doc. Nos. 15,
16), and the entire record in this case, and for the reasons stated in the Opinion filed this day, it is
hereby ORDERED as follows:
1.

Petitioner’s Objections are OVERRULED;

2.

The Amended Report and Recommendation is APPROVED and ADOPTED;

3.

The Petition (Doc. No. 5) is DENIED; and

4.

A Certificate of Appealability SHALL NOT ISSUE.

The Clerk of Court is directed to CLOSE this case.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_______________________
CYNTHIA M. RUFE, J.