ENARNACION-RIVERA v. LAWLER et al

Filing 29

ORDERTHAT THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED, ETC. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. PETIITONER'S FIRST MOTION FOR A DECISION IS DENIED AS MOOT. PETITIONER'S SECOND MOTION FOR A DECISION IS DENIED AS MOOT. THE CLERK OF COURT SHALL MARK THIS A CITON CLOSED. DOCKET SHALL BE CHANGED TO REFLECT THE CORRECT SPELLING OF THE PETITIONER' NAME, ETC.. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 3/27/13. 3/28/13 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL.(lvj, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DANIEL ENARNACION-RIVERA v. RAYMOND M. LAWLER, et al. : : : : : CIVIL ACTION No. 10-03685 ORDER AND NOW, this 27th day of March, 2013, upon consideration of the petition for writ of habeas corpus (paper no. 15), the response in opposition (paper no. 16), petitioner’s Traverse (paper no. 20), the Report and Recommendation (paper no. 21), petitioner’s objections (paper no. 25), petitioner’s Motions for a Decision (papers no. 26, 27), and all other relevant papers in the record, it is ORDERED that: 1. The petition for writ of habeas corpus is DENIED. a. The Report and Recommendation is APPROVED and ADOPTED. b. Petitioner’s objections to the Report and Recommendation are OVERRULED. 2. There is no basis for the issuance of a certificate of appealability. 3. Petitioner’s first Motion for a Decision is DENIED as moot. 4. Petitioner’s second Motion for a Decision is DENIED as moot. 4. The Clerk of Court shall mark this action CLOSED. 5. Docket shall be changed to reflect the correct spelling of the petitioner’s name: Daniel Encarnacion-Rivera. /s/ Norma L. Shapiro J.

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