SOMBERGER v. NICKELSON et al

Filing 20

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS DENIED; PETITIONER'S REQUEST FOR THE APPOINTMENT OF COUNSEL AND FOR AN EVIDENTIARY HEARING ARE DENIED AND THERE HAS BEEN NO SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT REQUIRING THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE J. CURTIS JOYNER ON 1/9/17. 1/12/17 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TYRON SOMBERGER
vs.
JAY LANE, et al.

:

CIVIL ACTION

:
:

NO. 15-CV-4978

ORDER
AND NOW, this

9th

day of January,2017, upon

careful and independent consideration of the petition for writ of
habeas corpus, and after review of the Report and Recommendation
of United States Magistrate Judge Elizabeth T. Hey and the
Petitioner’s objections thereto, it is hereby ORDERED that:
1.

The Report and Recommendation is APPROVED and ADOPTED.

2.

The petition for a writ of habeas corpus is DENIED.

3.

Petitioner’s requests for the appointment of counsel and

for an evidentiary hearing are DENIED.
4.

There has been no substantial showing of the denial of a

constitutional right requiring the issuance of a certificate of
appealability.
BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER, J.