DAY v. MAHALLY et al

Filing 21

ORDER THAT THE OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION 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; THE CLERK IS DIRECTED TO CLOSE THE CASE.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/2/17. 2/2/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_____________________________________
ANTHONY DAY,
:
Petitioner,
:
:
v.
:
CIVIL ACTION NO. 15-0863
:
LARRY MAHALLY, et al.,
:
Respondents.
:
:
ORDER
AND NOW, this 2nd day of February 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 Judge Linda K. Caracappa and the objections
thereto, it is hereby ORDERED that:
1.

The Objections are OVERRULED;

2.

The Report and Recommendation is APPROVED and ADOPTED;

3.

The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE

and without an evidentiary hearing;
4.

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

5.

The Clerk is directed to CLOSE the case.

It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
____________________
CYNTHIA M. RUFE, J.