EARLS v. SUPERINTENDENT SCI-HUNTINGDON et al

Filing 22

MEMORANDUM AND ORDER THAT PETITIONER'S OBJECTIONS ARE OVERRULED. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED. A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/25/19. 11/26/19 ENTERED AND COPIES MAILED TO PRO SE EARLS AND E-MAILED.(rf, )

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

ANTHONY WAYNE EARLS
Petitioner,

:

v.

:

SUPERINTENDENT SCI –
HUNTINGDON; ATTORNEY GENERAL
OF PA; THE ATTORNEY GENERAL OF
THE STATE OF PENNSYLVANIA; and,
DISTRICT ATTORNEY'S OFFICE OF
DELAWARE COUNTY, PA 1
Respondents.

CIVIL ACTION
NO. 18-1552

:

:

ORDER
AND NOW this 25th day of November 2019, upon careful and independent consideration
of: Anthony Wayne Earl’s Petition For a Writ of Habeas Corpus (ECF No. 1); the Response in
Opposition thereto (ECF No. 10); the Report and Recommendation of United States Magistrate
Judge Timothy R. Rice (ECF No. 11); Petitioner’s Objections (ECF No. 16); and, the Response
to Petitioner’s Objections (ECF No. 20), it is hereby ORDERED as follows:
1.

In accordance with this Court’s accompanying Memorandum, Petitioner’s
Objections (ECF No. 16) are OVERRULED;

2.

The Report and Recommendation (ECF No. 11) is APPROVED and
ADOPTED;

3.

The Petition for Writ of Habeas Corpus (ECF No. 1) is DENIED;

4.

A Certificate of Appealability shall NOT ISSUE; and,

5.

The Clerk of Court shall mark this matter CLOSED.

BY THE COURT:

_/s/ C. Darnell Jones, II J.

1

This Court presents the caption exactly as it appears on the docket.