HART v. LAWTON

Filing 59

ORDER THAT PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED, WITHOUT AN EVIDENTIARY HEARING. A CERTIFICATE OF APPEALABILITY IS DENIED.. SIGNED BY HONORABLE ROBERT F. KELLY ON 10/15/14. 10/15/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOHN HART
vs.
WILLIAM LAWTON

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CIVIL ACTION

NO. 13-3363

ORDER
AND NOW, this 15th day of October, 2014, upon consideration of the Petition
for Writ of Habeas Corpus, inclusive of all exhibits thereto, the Commonwealth’s Responses,
inclusive of all exhibits thereto, the Petitioner’s Traverse, the other documents filed by the
parties, and after review of the Report and Recommendation of Chief United States Magistrate
Judge Carol Sandra Moore Wells, it is hereby ORDERED that:
1. Petitioner’s Objections to the Report and Recommendation are
OVERRULED;
2. The Report and Recommendation is APPROVED and ADOPTED;
3. The Petition for a Writ of Habeas Corpus is DISMISSED, without an
evidentiary hearing.
4. Petitioner has neither shown a denial of federal constitutional right, nor
established that reasonable jurists would disagree with this court’s disposition
of his claims. Consequently, a certificate of appealability is DENIED.

BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE