SMITH v. WETZEL et al

Filing 72

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE ANITA B. BRODY ON 4/18/17. 4/19/17 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES MELVIN SMITH,
Petitioner,
v.
JOHN E. WETZEL, et al.,
Respondents.

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CIVIL ACTION
No. 13-2410

ORDER

AND NOW, this __18th___ day of April, 2017, upon careful and independent
consideration of the petition for writ of habeas corpus and the parties’ briefs and related filings,
and after review of United States Magistrate Judge Linda K. Caracappa’s Report and
Recommendation and Petitioner’s objections to the Report and Recommendation, it is
ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED.
2. The petition for writ of habeas corpus is DENIED and DISMISSED.
3. There is no basis for the issuance of a certificate of appealability.

s/Anita B. Brody
____________________________________
ANITA B. BRODY, J.

Copies VIA ECF on _________ to:

Copies MAILED on _______ to: