HARVEY v. TICE et al

Filing 52

ORDERED THAT: 1. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. 2. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED. 3. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. 4. THE CLERK OF THE COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE GERALD A. MCHUGH ON 1/6/2022. 1/6/2022 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(sg) .

Case 2:17-cv-00189-GAM Document 52 Filed 01/06/22 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SEAN HARVEY
v.
JOHN RIVELLO, et al.

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CIVIL ACTION NO. 17-189

ORDER
This 6th day of January, 2022, following careful and independent review of the petition
for Writ of Habeas Corpus and after review of the Report and Recommendation of United States
Magistrate Judge Elizabeth T. Hey (ECF 45), 1 it is ORDERED that:
1.

The Report and Recommendation is APPROVED and ADOPTED.

2.

The petition for Writ of Habeas Corpus is DENIED.

3.

There is no basis for the issuance of a certificate of appealability.

4.

The Clerk of the Court shall mark this case closed for statistical purposes.

/s/ Gerald Austin McHugh
UNITED STATES DISTRICT JUDGE

Petitioner has not filed any objections to the Report and Recommendation despite being granted two
extensions of time for filing. He was first granted an extension after his counsel, highly experienced in the
litigation of habeas petitions, withdrew after determining that there was no non-frivolous basis on which to
lodge objections to the Magistrate Judge’s report. ECF 46, 47. Petitioner was granted a second extension
after obtaining new counsel, but has failed to file any objections. ECF 49, 51.
1