Allen v. Super. of SCI Dallas et al

Filing 14

ORDER: 1. The report and recommendation 13 of the magistrate judge is ADOPTED;2. The petition is DENIED and DISMISSED WITH PREJUDICE as procedurally defaulted.3. The court declines to issue a certificate of appealability.4. Any appeal taken from this order is deemed frivolous and not in good faith. Signed by Honorable Sylvia H. Rambo on 8/28/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT A. ALLEN,
Petitioner,
v.
SUPER. OF SCI DALLAS, et al.,
Defendants.

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Civil No. 1:15-cv-0022

Judge Sylvia H. Rambo
Magistrate Judge Saporito

ORDER
Presently before the court is a report and recommendation of the
magistrate judge (Doc. 13) in which he recommends that Petitioner Robert Allen’s
petition (Doc. 1) be dismissed with prejudice as procedurally defaulted. Objections
were due on August 2, 2017, but to date, no objections have been filed.
After careful consideration of the report and recommendation and the
applicable law, IT IS HEREBY ORDERED AS FOLLOWS:
1. The report and recommendation of the magistrate judge is ADOPTED;
2. The petition is DENIED and DISMISSED WITH PREJUDICE as
procedurally defaulted.
3. The court declines to issue a certificate of appealability.
4. Any appeal taken from this order is deemed frivolous and not in good faith.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: August 28, 2017