ROBINSON v. SMITH et al

Filing 26

ORDER THAT THE PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE LYNNE A. SITARSKI IS APPROVED AND ADOPTED; THE PETITIONER FOR A WRIT OF HABEAS CORPUS IS DENIED; AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 7/10/18. 7/11/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CURRY ROBINSON : : v. : : BARRY SMITH, Superintendent, THE : ATTORNEY GENERAL OF THE STATE : OF PENNSYLVANIA and DISTRICT : ATTORNEY OF PHILADELPHIA COUNTY : CIVIL ACTION NO. 17-1023 ORDER NOW, this 10th day of July, 2018, upon consideration of the Petition for Writ of Habeas Corpus (Document No. 1-1), the response to the Petition for Writ of Habeas Corpus, the Report and Recommendation filed by United States Magistrate Judge Lynne A. Sitarski (Document No. 19), 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 Lynne A. Sitarski is APPROVED and ADOPTED;1 3. The Petition for a Writ of Habeas Corpus is DENIED; and, 4. There is no probable cause to issue a certificate of appealability. /s/TIMOTHY J. SAVAGE 1 The Magistrate Judge=s recitation of the factual and procedural history is accurate. Her legal analysis is thorough and correct. Therefore, we can add nothing to the well-reasoned and exhaustive report.

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