CLARK v. WARDEN, SCI FRACKVILLE et al

Filing 12

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE GERALD A. MCHUGH ON 3/1/16. 3/2/16 ENTERED AND COPIES E-MAILED. (jpd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MELVIN LEWIS CLARK, Petitioner, CIVIL ACTION v. WARDEN SCI FRACKVILLE, et al., Respondents. FILED NO. 15-cv-938 MAR -1 2016 MICHAELE. KUNZ, Clerk BY. pep Clerk ORDER , 2016, upon careful and independent consideration of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, and after review of the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski, IT IS ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED. 2. The petition for a writ for habeas corpus filed pursuant to 28 U.S.C. § 2254 is DISMISSED with prejudice. 3. There is no basis for the issuance of a certificate of appealability. BY THE COURT: GERALD A. MCHUGH, J.

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