RILEY v. GILMORE et al

Filing 27

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED IN PART; PETITIONER'S OBJECTIONS ARE OVERRULED; THE PETITION FOR WRIT OF HABEAS CORPUS 1 IS DENIED AND DISMISSED WITH PREJUDICE; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; PETITIONER'S MOTION FOR DEFAULT JUDGMENT 15 IS DENIED; AND, THE CLERK SHALL MARK THIS ACTION CLOSED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 09/19/2016. 09/20/2016 ENTERED AND COPIES MAILED TO THE PRO SE PLAITNIFF AND E-MAILED.(nds)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NATHANIEL RILEY,

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Petitioner,
v.
ROBERT GILMORE, et al.,
Respondents.

CIVIL ACTION
NO. 15-351

O R D E R
AND NOW, this 19th day of September, 2016, after review of
the Report and Recommendation of United States Magistrate Judge
Linda K. Caracappa (ECF No. 16) and Petitioner’s objections
thereto (ECF No. 21), and for the reasons set forth in the
accompanying memorandum, the following is hereby ORDERED:
(1)

The Report and Recommendation is APPROVED and ADOPTED
in part;

(2)

Petitioner’s Objections to the Report and
Recommendation are OVERRULED;

(3)

The Petition for a Writ of Habeas Corpus (ECF No. 1)
is DENIED and DISMISSED WITH PREJUDICE;

(4)

A certificate of appealability shall not issue;

(5)

Petitioner’s Motion for Default Judgment (ECF No. 15)
is DENIED; and
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(6)

The Clerk shall mark this case CLOSED.

AND IT IS SO ORDERED.

/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO,
J.

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