GARLAND v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 56

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE; AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; FURTHER ORDERED THAT PETITIONER'S MOTIONS FOR DISCOVERY AND PRODUCTION OF RECORDS, AND PETITIONER'S REQUEST FOR THE APPOINTMENT OF COUNSEL ARE DISMISSED AS MOOT AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 3/30/16. 3/31/16 ENTERED AND COPIES MAILED TO PETITIONER AND EMAILED TO COUNSEL.(jaa, ) Modified on 3/31/2016 (jaa, ). Modified on 3/31/2016 (jaa, ).

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

KENDALL GARLAND,
Petitioner,
v.
COMMONWEALTH OF
PENNSYLVANIA, et al.,
Respondents.

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CIVIL ACTION
NO. 14-5329

ORDER
AND NOW, this _30th_ day of March, 2016, upon consideration of Petitioner’s Revised
Petition for Writ of Habeas Corpus (Doc. 5), Petitioner’s Supplemental Habeas Corpus Petitions
(Docs. 7, 10, 13, 15, and 42), Respondent’s Response to Petition for Writ of Habeas Corpus (Doc.
36), the Report and Recommendation of United States Magistrate Judge Faith Angell (Doc. 49),
and Petitioner’s Objections to the Report and Recommendation (Doc. 53), IT IS HEREBY
ORDERED AND DECREED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus is DENIED with prejudice; and
3. There is no probable cause to issue a certificate of appealability.
IT IS FURTHER ORDERED that Petitioner’s Motions for Discovery and Production of
Records (Docs. 18 and 19), and Petitioner’s Request for the Appointment of Counsel (Doc. 20)
are DISMISSED AS MOOT.
IT IS FURTHER ORDERED that the Clerk of Court shall mark this case as closed for
statistical purposes.
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BY THE COURT:
/s/ Petrese B. Tucker
_________________________
Hon. Petrese B. Tucker, C.J.

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