DAVIS v. SEARS et al

Filing 39

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE OVERRULED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILTY AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISITCAL PURPOSES. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 2/14/13. 2/15/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ROBERT K. DAVIS v. RANDALL N. SEARS, et al. : : : : : CIVIL ACTION NO. 12-4657 ORDER AND NOW, this 14th day of February, 2013, upon consideration of the petitioner’s Petition for Writ of Habeas Corpus (Docket No. 28), and after review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa, and the petitioner’s objections, IT IS HEREBY ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The petitioner’s objections are overruled; 3. The Petition for Writ of Habeas Corpus is DISMISSED with prejudice; 4. There is not probable cause to issue a certificate of appealability; and 5. The Clerk of Court shall mark this case closed for statistical purposes. BY THE COURT: /s/ Mary A. McLaughlin____ MARY A. McLAUGHLIN, J.

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