CREDICO v. MCFADDEN

Filing 23

ORDER THAT THE SUPPLEMENTAL PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. SEC. 2254 IS DENIED. THE PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT & RECOMMENDATION OF MAGISTRATE JUDGE LYNNE A. SITARSKI IS APPROVED & ADOPTED. THE PET ITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE; & THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 9/30/19. 10/1/19 ENTERED AND COPIES E-MAILED AND MAILED TO PRO SE PETITIONER.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JUSTIN CREDICO
v.
MCFADDEN, Chester County
Prison Warden

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CIVIL ACTION

NO. 17-3372

ORDER
NOW, this 30th day of September, 2019, upon consideration of the Supplemental
Petition for Writ of Habeas Corpus Pursuant to 28 USC § 2254 (Document No. 1), the
response to the Petition for Writ of Habeas Corpus, the petitioner’s reply, and 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 Supplemental Petition for Writ of Habeas Corpus Pursuant to 28

U.S.C. § 2254 is DENIED;
2.

The petitioner’s objections are OVERRULED;

3.

The Report and Recommendation of Magistrate Judge Lynne A. Sitarski is

APPROVED and ADOPTED;
4.

The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT

PREJUDICE; and
5.

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

/s/ TIMOTHY J. SAVAGE J.