MCCLARY v. BURNS et al

Filing 40

OPINION/ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE, AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 5/27/16. 6/1/16 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARK MCCLARY,
Petitioner,
v.

CIVIL ACTION
NO. 13-4938

JON D. FISHER, et al.,
Respondents.
ORDER
AND NOW, this 27th day of May, 2016, upon careful and independent
consideration of the petition for writ of habeas corpus, after review of the report and
recommendation of United States Magistrate Judge Marilyn Heffley, and for the
additional reasons stated in the accompanying memorandum concerning Petitioner’s
objections to the report and recommendation, it is hereby ORDERED as follows:
1. The report and recommendation is APPROVED and ADOPTED.
2. The petition for writ of habeas corpus is DISMISSED with prejudice.
3. There is no basis on which to issue a certification of appealability.
4. The Clerk of the Court shall mark this case closed for statistical purposes.

BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.