SMITH v. FISHER et al

Filing 26

ORDER THAT PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED; THE COURT DECLINES TO ISSUE A CERTIFICATE OF APPEALABILITY; THE CLERK IS DIRECTED TO CLOSE CIVIL ACTION NO. 14-2935.. SIGNED BY HONORABLE JOHN R. PADOVA ON 8/15/16. 8/16/16 ENTERED AND COPIES E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN.(pr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WALTER SMITH : : : : : v. JON D. FISHER, et al. CIVIL ACTION NO. 14-2935 ORDER AND NOW, this 15th day of August, 2016, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 1), and all documents filed in connection therewith, and after review of United States Magistrate Judge Lynne A. Sitarski’s Report and Recommendation (Docket No. 18), and consideration of Petitioner’s Objections thereto (Docket No. 24), IT IS HEREBY ORDERED that: 1. Petitioner’s Objections are OVERRULED. 2. The Report and Recommendation of Magistrate Judge Sitarski is APPROVED and ADOPTED. 3. The Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 is DENIED. 4. As Petitioner has failed to make a substantial showing of the denial of a constitutional right or demonstrated that a reasonable jurist would debate the correctness of this ruling, the Court declines to issue a certificate of appealability under 28 U.S.C. § 2253(c)(2). 5. The Clerk is directed to CLOSE Civil Action No. 14-2935. BY THE COURT: /s/John R. Padova John R. Padova, J.

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