BAKER v. WALSH et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE SITARSKI. IT IS FURTHER ORDERED THAT THE HABEAS CORPUS PETITION IS DENIED WITH PREJUDICE, AND THAT A CERTIFICATE OF APPEALABILITY IS DENIED. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 3/15/16. 3/16/16 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT MICHAEL BAKER,
Petitioner
v.
SUPERINTENDENT JEROME WALSH;
THE DISTRICT ATTORNEY OF THE
COUNTY OF LANCASTER; and
THE ATTORNEY GENERAL OF THE
STATE OF PENNSLYVANIA,
Respondents

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Civil Action
No. 14-cv-01879

O R D E R
NOW, this 15th day of March, 2016, upon consideration of
the following documents:
(1)

Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus
by a Person in State Custody filed March 28, 2014
(“Habeas Corpus Petition”) (Document 1);

(2)

Respondents’ untitled response filed June 9, 2014
(“Response”) (Document 5);

(3)

Report and Recommendation of United States Magistrate
Judge Lynne A. Sitarski dated and filed February 18, 2016
(Document 16);

it appearing that no objections have been filed to the Report
and Recommendation of Magistrate Judge Sitarski;1 it further
appearing that Magistrate Judge Sitarski’s Report and
1

Petitioner received a Notice accompanying the Report and
Recommendation stating that he was required to file any objections to it
within fourteen days pursuant to Rule 72.1(IV)(b) of the Local Rules of Civil
Procedure for the United States District Court for the Eastern District of
Pennsylvania. The Notice and Report and Recommendation were served on the
parties on February 19, 2016. Thus, any objections were required to be filed
on or before March 4, 2016. No objections have been filed as of the date of
this Order.

Recommendation correctly determined the legal and factual issues
presented in the Habeas Corpus Petition,
IT IS ORDERED that Magistrate Judge Sitarski’s Report
and Recommendation is approved and adopted.
IT IS FURTHER ORDERED that the Habeas Corpus Petition
is denied with prejudice.
IT IS FURTHER ORDERED that a certificate of
appealability is denied.

BY THE COURT:

/s/ James Knoll Gardner_____
James Knoll Gardner
United States District Judge

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