ANDREWS v. WINGARD et al

Filing 24

ORDER THAT THE CLERK IS DIRECTED TO REMOVE THE CASE FROM CIVIL SUSPENSE AND RETURN IT TO THE ACTIVE DOCKET; THE OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED IN PART, AS SET FORTH IN THE ACCOMPANYING OPINION; THE PET ITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE AND WITHOUT AN EVIDENTIARY HEARING; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT IS DIRECTED TO CLOSE THE CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/18/17. 4/19/17 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
EARL ANDREWS,
:
Petitioner,
:
:
v.
:
CIVIL ACTION NO. 14-5538
:
:
TREVOR WINGARD, et al.,
:
Respondents.
:
ORDER
AND NOW, this 18th day of April 2017, upon careful and independent consideration of the
Petition for Writ of Habeas Corpus, and all related filings, and upon review of the Report and
Recommendation of United States Magistrate Henry S. Perkin [Doc. No. 16] and the objections
thereto, it is hereby ORDERED that:
1.

The Clerk is directed to REMOVE the case from Civil Suspense and return it to the

active docket;
2.

The Objections are OVERRULED;

3.

The Report and Recommendation is APPROVED and ADOPTED in part, as set

forth in the accompanying opinion;
4.

The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE and

without an evidentiary hearing;
5.

There is no probable cause to issue a certificate of appealability; and

6.

The Clerk of Court is directed to CLOSE the case.

It is so ORDERED.

BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.