TURNER v. JOHNS et al

Filing 13

ORDER THAT: THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE WELLS IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED. ALL OUTSTANDING MOTIONS ARE DENIED AS MOOT, ETC.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 11/26/12. 11/26/12 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(fb)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JAMES TURNER, Petitioner, v. TRACY JOHNS, et al., Respondents. : : : : : : : : : CIVIL ACTION NO. 12-4361 ORDER AND NOW, this 26th day of November 2012, upon consideration of the Petition for Writ of Habeas Corpus (Doc. No. 1), Respondents’ Response to Petition for Writ of Habeas Corpus (Doc. No. 9), Respondents’ Supplemental Statement on Jurisdictional Objection (Doc. No. 11), and the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells (Doc. No. 12), it is ORDERED that: 1. The Report and Recommendation of Magistrate Judge Wells is APPROVED and ADOPTED. 2. The Petition for Writ of Habeas Corpus (Doc. No. 1) is DENIED. 3. All outstanding motions are DENIED as moot. 4. A certificate of appealability shall not issue because, for the reasons set forth in the Report and Recommendation, a reasonable jurist could not conclude that the Court is incorrect in denying and dismissing the habeas petition. BY THE COURT: /s/ Joel H. Slomksy JOEL H. SLOMSKY, J.

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