SHIELDS v. MCGINELY et al

Filing 8

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE; THE MOTION FOR ABEYANCE (DOC. NO. 2) IS DENIED; AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 1/10/18. 1/11/18 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHARLES SHIELDS

:
:
v.
:
:
:
THOMAS MCGINELY and THE DISTRICT :
ATTORNEY OF THE COUNTY OF
:
______ and THE ATTORNEY GENERAL :
OF THE STATE OF ________
:

CIVIL ACTION

NO. 17-5241

ORDER
NOW, this 10th day of January, 2018, upon consideration of the Petition for Writ
of Habeas Corpus (Document No. 1), the response to the Petition, the Report and
Recommendation filed by United States Magistrate Judge Timothy R. Rice (Document
No. 6), and no objections to the Report and Recommendation having been filed, and
after a thorough and independent review of the record, it is ORDERED that:
1.

The Report and Recommendation of Magistrate Judge Timothy R. Rice is

APPROVED and ADOPTED;
2.

The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT

PREJUDICE;
3.

The Motion for Abeyance (Document No. 2) is DENIED; and

4.

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

/s/TIMOTHY J. SAVAGE