ROSS v. BUSH et al

Filing 58

ORDER THAT PETITIONER'S OBJECTIONS ARE OVERRULED. THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE THOMAS J. RUETER IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS AND THE FINAL AMENDED PETITION FOR WRIT OF HABEAS COURPUS ARE DENIED; AND, THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 11/14/19. 11/14/19 ENTERED & E-MAILED. COPY MAILED TO ROSS.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TOLA ROSS

:
:
v.
:
:
ERIC P. BUSH, Warden SCI-Pine Grove, :
THE DISTRICDT ATTORNEY OF THE
:
COUNTY OF PHILADELPHIA, and THE :
ATTORNEY GENERAL OF THE STATE :
OF PENNSYLVANIA
:

CIVIL ACTION

NO. 17-73

ORDER
NOW, this 14th day of November, 2019, upon consideration of the Petition for Writ
of Habeas Corpus (Document No. 1) and the Final Amended Petition for Writ of Habeas
Corpus (Document No. 39), the response to the amended petition, the Report and
Recommendation filed by United States Magistrate Judge Thomas J. Rueter (Document
No. 53), 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 Thomas J. Rueter is

APPROVED and ADOPTED;
3.

The Petition for Writ of Habeas Corpus and the Final Amended Petition for

Writ of Habeas Corpus are DENIED; and,
4.

There is no probable cause to issue a certificate of appealability.

/s/ TIMOTHY J. SAVAGE J.