OLIVER v. LINK et al

Filing 28

ORDER THAT PETITIONER'S OBJECTIONS [DOC. 27] ARE OVERRULED. THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE TIMOTHY R. RICE [DOC. 22] IS APPROVED AND ADOPTED. THE MOTION TO ALTER OR AMEND JUDGMENT [DOC. 20] IS DENIED. THE P ETITIONER HAVING FAILED TO DEMONSTRATE THAT A REASONABLE JURIST COULD CONCLUDE THAT THE COURT IS INCORRECT IN DENYING THE MOTION, THERE IS NO GROUND FOR THE COURT TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 3/15/21. 3/15/21 ENTERED AND COPIES (MAILED TO PRO SE PETITIONER) ) AND E-MAILED.(er, )

Case 5:16-cv-00920-JLS Document 28 Filed 03/15/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SCOTT D. OLIVER
v.
WARDEN CYNTHIA LINK, et al.

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C.A. NO. 16-920

ORDER
AND NOW, this 15th day of March, 2021, upon careful de novo consideration of
the Petitioner’s Motion to Alter or Amend Judgment and the well-reasoned Report and
Recommendation of United States Magistrate Judge Timothy R. Rice, and Petitioner’s
Objections to the Report and Recommendation, it is hereby ORDERED that:
1.

Petitioner's objections [Doc. 27] are OVERRULED.

2.

The Report and Recommendation of United States Magistrate Judge
Timothy R. Rice [Doc. 22] is APPROVED and ADOPTED.

3.

The Motion to Alter or Amend Judgment [Doc. 20] is DENIED.

4.

The petitioner having failed to demonstrate that a reasonable jurist could
conclude that the court is incorrect in denying the motion, there is no
ground for the Court to issue a certificate of appealability.
BY THE COURT:

/s/ Jeffrey L. Schmehl
JEFFREY L. SCHMEHL, J.