SPORISH v. HARLOW et al

Filing 55

ORDER THAT MAGISTRATE JUDGE HENRY S. PERKINS R&R, ECF NO. 36, IS ADOPTED. PETITIONER'S REQUEST FOR AN EVIDENTIARY HEARING, ECF NO. 42, IS DENIED. PETITIONER'S OBJECTIONS TO THE R&R, ECF NO. 43, ARE OVERRULED. PETITIONER'S MOTION FO R STAY AND ABEYANCE, ECF NO. 50, IS DENIED.PETITIONER'S MOTION FOR LEAVE TO AMEND, ECF NO. 51, IS GRANTED, AND HIS ADDITIONAL ALLEGATIONS HAVE BEEN CONSIDERED AS PART OF THIS COURT'S REVIEW.THE PETITION FOR WRIT OF HABEAS CORPUS, ECF NO. 1, IS DISMISSED.THERE IS NO BASIS FOR ISSUANCE OF A CERTIFICATE OF APPEALABILITY. THE ORDER DATED MAY 7, 2015, ECF NO. 37, IS AFFIRMED. THIS CASE IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/26/16. 9/27/16 ENTERED AND COPIES MAILED TO PETITIONER, E-MAILED.(er, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
_______________________________________
JAMES DANIEL SPORISH,
Petitioner,

:
:
:
v.
:
:
MICHAEL W. HARLOW, THE DISTRICT :
ATTORNEY OF THE COUNTY OF
:
DELAWARE, THE ATTORNEY GENERAL :
OF THE STATE OF PENNSYLVANIA,
:
Respondents.
:
_______________________________________

No. 2:12-cv-4142

ORDER
AND NOW, this 26th day of September, 2016, for the reasons set forth in the Memorandum
issued this date, IT IS HEREBY ORDERED THAT:
1.

Magistrate Judge Henry S. Perkin’s R&R, ECF No. 36, is ADOPTED;

2.

Petitioner’s request for an evidentiary hearing, ECF No. 42, is DENIED;

3.

Petitioner’s objections to the R&R, ECF No. 43, are OVERRULED;

4.

Petitioner’s Motion for Stay and Abeyance, ECF No. 50, is DENIED;

5.

Petitioner’s Motion for Leave to Amend, ECF No. 51, is GRANTED, and his

additional allegations have been considered as part of this Court’s review;
6.

The petition for writ of habeas corpus, ECF No. 1, is DISMISSED;

7.

There is no basis for issuance of a certificate of appealability;

8.

The Order dated May 7, 2015, ECF No. 37, is AFFIRMED; and

9.

This case is CLOSED.
BY THE COURT:

/s/ Joseph F. Leeson, Jr.________
JOSEPH F. LEESON, JR.
United States District Judge