MILAS v. OVERMEYER et al

Filing 23

ORDER THAT THE CLERK OF COURT IS DIRECTED TO REMOVE THIS ACTION FROM CIVIL SUSPENSE AND RETURN IT TO THE COURTS ACTIVE DOCKET; THE PETITIONERS OBJECTIONS TO THE REPORT AND RECOMMENDATIONS (DOC. NO. 21 ) ARE OVERRULED; THE REPORT AND RECOMMENDATION F ILED BY MAGISTRATE JUDGE HEFFLEY (DOC. NO. 17 ) IS APPROVED AND ADOPTED; THE PETITIONERS MOTION FOR STAY AND ABEYANCE (DOC. NO. 2 ) IS DENIED; THE PETITIONERS REQUEST FOR APPOINTMENT OF COUNSEL (DOC. NO. 2 ) IS DENIED; THE PETITION FOR A WRIT OF H ABEAS CORPUS IS DENIED; THE COURT SHALL NOT ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT IS DIRECTED TO MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/11/16. 8/12/16 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES MILAS,
Petitioner,
v.
MICHAEL OVERMEYER, et al.,
Respondents.

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CIVIL ACTION NO. 15-3322

ORDER
AND NOW, this 11th day of August, 2016, after considering the petition for a writ of
habeas corpus and supporting memorandum of law filed by the pro se petitioner, James Milas
(Doc. No. 1), the response to the petition filed by the respondents (Doc. No. 15), the state court
record, the report and recommendation filed by United States Magistrate Judge Marilyn Heffley
(Doc. No. 17), and the petitioner’s objections to the report and recommendation (Doc. No. 21);
and after also considering the petitioner’s motion for stay and abeyance (Doc. No. 2); and for the
reasons set forth in the separately-filed memorandum opinion, it is hereby ordered as follows:
1.

The clerk of court is DIRECTED to remove this action from civil suspense and

return it to the court’s active docket;
2.

The petitioner’s objections to the report and recommendations (Doc. No. 21) are

OVERRULED;
3.

The report and recommendation filed by Magistrate Judge Heffley (Doc. No. 17)

is APPROVED and ADOPTED;
4.

The petitioner’s motion for stay and abeyance (Doc. No. 2) is DENIED;

5.

The petitioner’s request for appointment of counsel (Doc. No. 2) is DENIED;

6.

The petition for a writ of habeas corpus is DENIED;

7.

The court shall not issue a certificate of appealability; and

8.

The clerk of court is DIRECTED to mark this matter as CLOSED.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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