DREW v. WETZEL

Filing 26

ORDER THAT THE REPORT AND RECOMMENDATION 21 IS APPROVED AND ADOPTED; PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION 24 ARE OVERRULED; THE PETITION FOR A WRIT OF HABEAS CORPUS 1 IS DENIED AND DISMISSED WITHOUT PREJUDICE; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; AND, THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 04/10/2017. 04/11/2017 ENTERED AND COPIES MAILED TO PRO SE LITIGANT AND E-MAILED.(nds)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA THOMAS DREW, : : : : : : : : : : Petitioner, v. JOHN E. WETZEL, et al., Respondents. CIVIL ACTION NO. 15-2725 O R D E R AND NOW, this 10th day of April, 2017, after review of the Petition for a Writ of Habeas Corpus (ECF No. 1), the Report and Recommendation of United States Magistrate Judge Marilyn Heffley (ECF No. 21), and Petitioner’s objections thereto (ECF No. 24), and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED as follows: (1) The Report and Recommendation (ECF No. 21) is APPROVED and ADOPTED; (2) Petitioner’s Objections to the Report and Recommendation (ECF No. 24) are OVERRULED; (3) The Petition for a Writ of Habeas Corpus (ECF No. 1) DENIED and DISMISSED WITHOUT PREJUDICE; (4) A certificate of appealability shall NOT issue; and (4) The Clerk of Court shall mark this case as CLOSED. AND IT IS SO ORDERED. /s/ Eduardo C. Robreno EDUARDO C. ROBRENO, J. is

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