ARMSTRONG v. BRITTAIN et al

Filing 39

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR HABEAS CORPUS FILED PURSUANT TO 28 USC SEC. 2254 IS DENIED WITHOUT AN EVIDENTIARY HEARING. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE BERLE M. SCHILLER ON 7/14/21. 7/14/21 ENTERED & E-MAILED. MAILED TO ARMSTRONG BY CHAMBERS. (fdc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JAMES ARMSTRONG, Petitioner, : : : : : : : v. KATHY BRITTAIN, et al. Respondents. AND NOW, this 14th day of CIVIL ACTION NO. 19-cv-5210 ORDER July , 2021, upon careful and independent consideration of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, and after review of the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski and the objections filed thereto, IT IS ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED. 2. The petition for habeas corpus filed pursuant to 28 U.S.C. § 2254 is DENIED without an evidentiary hearing. 3. There is no basis for the issuance of a certificate of appealability. BY THE COURT: BERLE M. SCHILLER, J.

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