SEABURY v. LINK et al

Filing 15

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE PETRESE B. TUCKER ON 10/10/17. 10/13/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL SEABURY, Petitioner, v. SUPERINTENDENT CYNTHIA LINK, et al., Respondents. : : : : : : : : : : CIVIL ACTION NO. 16-6326 ORDER AND NOW, this __10th__ day of October, 2017, upon consideration of Petitioner Michael Seabury’s Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (“Habeas Petition”) (Doc. 1), Respondents’ Answer to the Petition for the Writ of Habeas Corpus (Doc. 11), Petitioner’s Reply to Respondents[’] Answer to the Petition for Writ of Habeas Corpus (Doc. 12), and the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells (Doc. 13), IT IS HEREBY ORDERED AND DECREED as follows: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The Habeas Petition is DENIED WITH PREJUDICE; and 3. There is no probable cause to issue a certificate of appealability. IT IS FURTHER ORDERED that the Clerk of Court shall mark this case as CLOSED for statistical purposes. 1 BY THE COURT: /s/ Petrese B. Tucker ____________________________ Hon. Petrese B. Tucker, U.S.D.J. 2

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