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, )

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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.

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