MARTIN v. THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA

Filing 49

ORDER THAT MARTIN'S OBJECTIONS ARE OVERRULED AND MAGISTRATE JUDGE STRAWBRIDGE'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; MARTIN'S PETITION FOR A WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED; NO CERTIFICATE OF APPEALABILITY SHALL ISSUE; MARTIN'S RULE 60(b) MOTION IS DENIED; AND THIS CASE SHALL BE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/12/18. 2/12/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TYRONE MARTIN, Petitioner, CIVIL ACTION NO. 15-0694 v. THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, et al., Respondents. ORDER AND NOW, this 12th day of February, 2018, upon consideration of the Report and Recommendation filed by United States Magistrate Judge David R. Strawbridge, (ECF No. 38), Tyrone Martin’s objections thereto, (ECF No. 40), and Martin’s Rule 60(b) Motion, (ECF No. 43), it is hereby ORDERED that: 1. Martin’s objections are OVERRULED and Magistrate Judge Strawbridge’s Report and Recommendation is APPROVED and ADOPTED; 2. Martin’s Petition for a Writ of Habeas Corpus is DENIED and DISMISSED; 3. No certificate of appealability shall issue;3 4. Martin’s Rule 60(b) Motion is DENIED; and 5. This case shall be CLOSED for statistical purposes. BY THE COURT: /s/ Gerald J. Pappert ___________________________ GERALD J. PAPPERT, J. No reasonable jurist would disagree with the Court’s disposition of petitioner’s claims. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). 3

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