MITCHELL v. KAUFMAN et al

Filing 14

ORDER THAT THE REPORT AND RECOMMENDATIONS (DOC. NO. 5 ) IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1 ) IS DENIED WITHOUT PREJUDICE AND DISMISSED WITHOUT AN EVIDENTIARY HEARING; AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE GERALD A. MCHUGH ON 10/30/2017. 10/31/2017 ENTERED AND COPIES MAILED TO PRO SE. (aeg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
:
:
Petitioner,
:
:
v.
:
:
SUPERINTENDENT KEVIN KAUFFMAN,
:
Respondents. :
:
PAUL F. MITCHELL,

CIVIL ACTION

NO. 17-3797

ORDER
This 30th day of October, 2017, upon independent consideration of the
Petition for Writ of Habeas Corpus, and after review of the Report and Recommendation
(“R&R”) of United States Magistrate Judge Henry S. Perkin dated September 25, 2017, and
Petitioner’s objections, IT IS HEREBY ORDERED that:
1.

the R&R is APPROVED and ADOPTED;

2.

the Petition for Writ of Habeas Corpus is DENIED without prejudice and

DISMISSED without an evidentiary hearing; and
3.

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

BY THE COURT:

/s/ Gerald Austin McHugh
United States District Court Judge