EADDY v. SAUERS et al

Filing 23

ORDER THAT PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE; A CERTIFICATE OF APPEALBILITY IS DENIED. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 2/22/12. 2/22/12 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

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

JOSEPH D. EADDY,
Petitioner
v.
MRS. D. SAUERS, et al.
Respondents

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CIVIL ACTION

No. 10-7538

ORDER
AND NOW, this 21st day of February, 2012, upon consideration of the Petition for
Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, the Commonwealth’s
Response, the Report and Recommendation of United States Magistrate Judge Lynne A.
Sitarski, and Petitioner’s objections, I HEREBY ORDER as follows:
1.

Petitioner’s objections to the Report and Recommendation are
OVERRULED.1

2.

The Report and Recommendation is APPROVED and ADOPTED.

3.

The petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 is
DENIED with prejudice.

4.

A certificate of appealability is DENIED.

/s/ J. William Ditter, Jr.
J. WILLIAM DITTER, JR., J.
1

Petitioner’s Objections to Judge Sitarski’s Report and Recommendation merely restate
the issues which Petitioner presented in his habeas petition. As Judge Sitarski’s Report and
Recommendation correctly and comprehensively addressed the claim of ineffective assistance of
counsel presented in Petitioner’s habeas petition, I conclude that Petitioner’s objections are
overruled.