FITZPATRICK v. WALSH et al

Filing 16

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE OBJECTION TO THE REPORT AND RECOMMENDATION IS OVERRULED; THE PETITION UNDER 28 USC, SECTION 2254 FOR WRIT OF HABEAS CORPUS IS DISMISSED; AND, A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE.. SIGNED BY HONORABLE JAN E. DUBOIS ON 10/10/14. 10/14/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, MAILED AND E-MAILED TO COUNSEL.(pr, ) Modified on 10/14/2014 (pr, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TERRANCE FITZPATRICK,
Petitioner,

CIVIL ACTION

v.
JEROME WALSH, Superintendent,
PA STATE ATTORNEY GENERAL, and
NORTHAMPTON COUNTY DISTRICT
ATTORNEY’S OFFICE,
Respondents.

NO. 13-6743

ORDER
AND NOW, this 10th day of October, 2014, upon consideration of Petition Under 28
U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by pro se petitioner,
Terrance Fitzpatrick, the record in this case, the Report and Recommendation of United States
Magistrate Judge M. Faith Angell dated September 15, 2014, and pro se petitioner’s Objection to
Report and Recommendation, IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge M. Faith

Angell dated September 15, 2014, is APPROVED AND ADOPTED;
2.

The Objection to Report and Recommendation filed by pro se petitioner, Terrance

Fitzpatrick is OVERRULED for the reasons stated by Magistrate Judge Angell in the Report
and Recommendation dated September 15, 2014;
3.

The Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in

State Custody filed by pro se petitioner, Terrance Fitzpatrick, is DISMISSED; and,
4.

A certificate of appealability will not issue because reasonable jurists would not

debate the propriety of this Court’s procedural rulings with respect to petitioner=s claims. See 28
U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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