RATUSHNY v. BICKELL et al

Filing 29

ORDER THAT THE CLERK IS DIRECTED TO REMOVE THE CASE FROM CIVIL SUSPENSE; THE OBJECTIONS ARE SUSTAINED IN PART AND OVERRULED IN PART; THE REPORT AND RECOMMENDATIONS IS APPROVED AND ADOPTED IN PART; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED W ITH PREJUDICE AND WITHOUT AN EVIDENTIARY HEARING; THE COURT ISSUES A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT IS DIRECTED TO CLOSE THE CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/17/17. 4/20/17 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
RICHARD ALLEN RATUSHNY
:
Petitioner,
:
v.
:
CIVIL ACTION NO. 14-1324
:
TABB BICKELL, et al.
:
Respondents.
:
ORDER
AND NOW, this 17th day of April 2017, upon careful independent consideration of the
pro se Petition for Writ of Habeas Corpus, and all related filings, and upon review of the Report
and Recommendation of the United States Magistrate Judge Thomas J. Rueter, and the
objections thereto, and for the reasons stated in the accompanying memorandum opinion, it is
hereby ORDERED that:
1.

The Clerk is directed to REMOVE the case from Civil Suspense;

2.

The Objections are SUSTAINED IN PART AND OVERRULED IN PART;

3.

The Report and Recommendation is APPROVED and ADOPTED IN PART;

4.

The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE

and without an evidentiary hearing;
5.

The Court ISSUES a certificate of appealability; and

6.

The Clerk of Court is directed to CLOSE the case.

It is so ORDERED.
BY THE COURT:
/s/Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.