ARNOLD v. SUPERINTENDENT et al

Filing 26

ORDER THAT THE REPORT AND RECOMMENDATION 21 IS APPROVED AND ADOPTED. PETITIONER'S OBJECTIONS 24 ARE OVERRULED. PETITIONER'S MOTION TO STAY AND ABEY 1 IS DENIED. THE PETITION OF A WRIT OF HABEAS 1 IS DISMISSED WITH PREJUDICE. A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE. THE CLERK OF COURT SHALL MKRT THIS CASE AS CLOSED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 08/22/2018. 08/22/2018 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED.(nds)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHAWN P. ARNOLD,

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Petitioner,
v.
SUPERINTENDENT SCI
FRACKVILLE, et al.,
Respondents.

CIVIL ACTION
NO. 16-5539

O R D E R
AND NOW, this 22nd day of August, 2018, upon
consideration of the Petition for a Writ of Habeas Corpus (ECF
No. 1), the responses and replies thereto (ECF Nos. 14, 17, and
20), the Report and Recommendation of United States Magistrate
Judge Marilyn Heffley (ECF No. 21), and Petitioner’s objections
thereto (ECF No. 24), and for the reasons set forth in the
accompanying memorandum, it is hereby ORDERED as follows:
1.

The Report and Recommendation (ECF No. 21) is

APPROVED and ADOPTED.
2.

Petitioner’s objections to the Report and

Recommendation (ECF No. 24) are OVERRULED.
3.

Petitioner’s Motion to Stay and Abey the Petition

(ECF No. 1) is DENIED.
4.

The Petition for a Writ of Habeas Corpus (ECF No.

1) is DISMISSED with prejudice.
5.

A certificate of appealability shall not issue.

6.

The Clerk of Court shall mark this case as

CLOSED.

AND IT IS SO ORDERED.

/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO,
J.

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