ALLEN v. MAHALLY et al

Filing 21

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITIONER'S MOTION TO INITIATE SUMMARY JUDGMENT ARE DENIED; THE PETITIONER'S OBJECTIONS TO R & R ARE OVERRULED; THE PETITION FOR WRIT OF HABEAS CORPUS AS TO PETITIONER&# 039;S MONTGOMERY COUNTY CONVICTION IS DISMISSED WITH PREJUDICE; THE PETITION FOR WRIT OF HABEAS CORPUS AS TO PETITIONER'S PHILADELPHIA COUNTY SENTENCE IS DISMISSED WITHOUT PREJUDICE; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 5/18/15. 5/18/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID ERIC ALLEN
v.
MR. LAWRENCE MAHALLY, et al.

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CIVIL ACTION

NO. 14-6491

ORDER
AND NOW, this 18th day of May, 2015, upon careful and
independent consideration of the petitions for writ of habeas
corpus, the respondents’ opposition and petitioner’s reply,
thereto, the petitioner’s motion to initiate summary judgment to
discharge habeas corpus petitioner from state custody (Docket
#18), the petitioner’s motion to grant habeas corpus petition and
immediate release from state custody (Docket #20), and after
review of the Report and Recommendation of United States
Magistrate Judge Linda K. Caracappa, and the petitioner’s
objections, thereto, IT IS HEREBY ORDERED that:
1.

The Report and Recommendation is APPROVED and

2.

The petitioner’s motions to initiate summary

ADOPTED;

judgment are DENIED;
3.

The petitioner’s objections to R&R are OVERRULED;

4.

The petition for writ of habeas corpus as to

petitioner’s Montgomery County conviction is DISMISSED with
prejudice;

5.

The petition for writ of habeas corpus as to

petitioner’s Philadelphia County sentence is DISMISSED without
prejudice;
6.

There is no probable cause to issue a certificate

of appealability; and
7.

The Clerk of Court shall mark this case closed for

statistical purposes.

BY THE COURT:

/s/ Mary A. McLaughlin____
MARY A. McLAUGHLIN, J.

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