HOGAN v. MOONEY et al

Filing 14

ORDER - IT IS HEREBY ORDERED THAT: 1) The Court adopts the Report and Recommendation of MJ Mehalchick. 2) The Petitioners Motion for a Stay (Doc. No. 12) is DENIED and the Petition for Writ of Habeas Corpus (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE . 3) The Petitioner has failed to demonstrate a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). The Court declines to issue a certificate of appealability. 4. The Clerk of Court shall close the file. 12 13 Signed by Honorable Yvette Kane on 12/13/13. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ERIC ROMONT HOGAN
Petitioner
v.
MOONEY, et al.
Respondents

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CIVIL ACTION NO. 1:13-CV-2402
(JUDGE KANE)
(Magistrate Judge Mehalchick)

ORDER
Before the Court in the captioned action is a November 20, 2013 Report and
Recommendation of the Magistrate Judge. No timely objections have been filed.
Accordingly, on this 13th day of December 2013, upon review of the record and
the applicable law, IT IS HEREBY ORDERED THAT:
1) The Court adopts the Report and Recommendation of Magistrate Judge
Mehalchick.
2) The Petitioner’s Motion for a Stay (Doc. No. 12) is DENIED and the Petition
for Writ of Habeas Corpus (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE.
3) The Petitioner has failed to demonstrate “a substantial showing of the denial
of a constitutional right.” 28 U.S.C. § 2253(c)(2). The Court declines to issue a
certificate of appealability.
4. The Clerk of Court shall close the file.
s/ Yvette Kane
YVETTE KANE, Judge
United States District Court
Middle District of Pennsylvania