MCANALLY v. STATE OF PENNSYLVANIA et al

Filing 8

ORDER THAT MAGISTRATE JUDGE SITARSKI'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. IT IS FURTHER ORDERED THAT THE PETITION FOR HABEAS CORPUS RELIEF IS DISMISSED AND WITHOUT AN EVIDENTIARY HEARING. IT IS FURTHER ORDERED THAT BECAUSE PETIT IONER HAS NOT MET STATUTORY REQUIREMENTS TO HAVE HIS CASE HEARD, AND NO REASONABLE JURIST COULD FIND THIS RULING DEBATABLE, AND BECAUSE PETITIONER FAILS TO DEMONSTRATE DENIAL OF A CONSTITUTIONAL RIGHT, A CERTIFICATE OF APPEALABILITY IS DENIED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 5/19/15. 5/20/15 ENTERED AND COPIES MAILED, MAILED TO PETITIONER.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STEPHAN J. MCANALLY,
Petitioner,
v.
STATE OF PENNSYLVANIA and
PA STATE ATTORNEY GENERAL,
Respondents

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Civil Action
No. 14-cv-00141

O R D E R
NOW, this 19th day of May, 2015, upon consideration of
the following documents:
(1)

Petition Under 28 U.S.C. § 2254 for Writ of
Habeas Corpus by a Person in State Custody,
which petition was filed by petitioner
Stephan J. McAnally pro se on December 23,
2013;1

(2)

Answer in Opposition to Petition for Habeas
Corpus Relief and Memorandum of Law in
Support Thereof, which answer and memorandum
was filed April 2, 2014; and

(3)

Report and Recommendation of United States
Magistrate Judge Lynne A. Sitarski dated and
filed June 30, 2014;

it appearing that as of the date of this Order no objections have
been filed to the Report and Recommendation of Magistrate Judge
Sitarski; it further appearing after review of this matter that
1
Mr. McAnally’s original petition for writ of habeas corpus was
filed on December 30, 2013 in the United States District Court for the Middle
District of Pennsylvania. However, the petition itself indicates that it was
signed by petitioner on December 23, 2013 and placed in the prison mailing
system that same date. Thus, giving petitioner the benefit of the prison
mailbox rule, (See Burns v. Morton, 134 F.3d 109 (3d Cir. 1998) and Rule 3(d)
of the Rules Governing Section 2254 Cases in the United States District
Courts), I consider December 23, 2013 the filing date of Mr. McAnally’s
original petition.

Magistrate Judge Sitarski’s Report and Recommendation correctly
determined the legal and factual issues presented in the petition
for habeas corpus relief,
IT IS ORDERED that Magistrate Judge Sitarski’s Report
and Recommendation is approved and adopted.
IT IS FURTHER ORDERED that the petition for habeas
corpus relief is dismissed and without an evidentiary hearing.
IT IS FURTHER ORDERED that because petitioner has not
met statutory requirements to have his case heard, and no
reasonable jurist could find this ruling debatable, and because
petitioner fails to demonstrate denial of a constitutional right,
a certificate of appealability is denied.
IT IS FURTHER ORDERED that the Clerk of Court shall
mark this case closed for statistical purposes.
BY THE COURT:

/s/ JAMES KNOLL GARDNER
James Knoll Gardner
United States District Judge

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