JOHNSON v. GILMORE et al

Filing 43

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS FILED PURSUANT TO 28 USC, SECTION 2254 IS DENIED. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/30/18. 5/30/18 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ARTHUR JOHNSON,
Petitioner,

FILED
.
MAY 3 0 2ois

v.
MARK CAPOZZA, 1 et al.,
Respondents.

CIVIL ACTION

NO.

16-cv-4661

8y_KATE BARKMA_N. ~

-

-OiP. Cterfc
ORDER

AND NOW, this

~\)

day of

'ti) Kf

,

I

2018, upon careful and

independent consideration of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C.
§ 2254, and after review of the Report and Recommendation of United States Magistrate Judge

~ \.\s~\..c::t, \;)JV~ ~q

Lynne A.

Sitarsk~ IT IS ORDERED that:

f

1. The Report and Recommendation is APPROVED and ADOPTED.
2. The petition for a writ for habeas corpus filed pursuant to 28 U.S.C. § 2254 is
DENIED·.
3. There is no basis for the issuance of a certificate of appealability.

J.

1

I have substituted Mark Capozza, who is the current Superintendent of SCI Fayette, as
the respondent in this case. See Rules Governing Section 2254 Cases, Rule 2 (requiring the
current custodian to be named as respondent).