MILLER v. LUTHER et al

Filing 22

ORDER THAT THE OBJECTIONS ARE OVERERULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILTY. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 7/10/17. 7/11/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TYRONE MILLER : : v. : : SUPERINTENDENT LUTHER, DISTRICT : ATTORNEY OF THE COUNTY OF : DELAWARE and THE ATTORNEY : GENERAL OF THE STATE : OF PENNSYLVANIA : CIVIL ACTION NO. 15-6456 ORDER NOW, this 10th day of July, 2017, upon consideration of the Petition for Writ of Habeas Corpus (Document No. 1), the Response to the Petition for Writ of Habeas Corpus, the Report and Recommendation filed by United States Magistrate Judge Marilyn Heffley (Docket No. 14), and the petitioner=s Objections to the Report and Recommendation, and after a thorough and independent review of the record, it is ORDERED that: 1. The petitioner=s objections are OVERRULED; 2. The Report and Recommendation of Magistrate Judge Heffley is APPROVED and ADOPTED; 3. The Petition for Writ of Habeas Corpus is DENIED; and, 4. There is no probable cause to issue a certificate of appealability. /s/TIMOTHY J. SAVAGE

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