Bivens v. Commonwealth of Pennsylvania et al
ORDER: (1) The Report and Recommendation of MJ Saporito 8 is ADOPTED;(2) Pltfs petition is DENIED;(3) A certificate of appealability is DENIED;(4) The Clerk of Court shall close the file. Signed by Honorable William W. Caldwell on 2/27/17. (ma)
UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
KIMBERLY A. BIVENS,
: CIVIL NO. 1:16-CV-2269
PENNSYLVANIA, et. al.,
AND NOW, this 27th day of February, 2017, upon consideration of
Magistrate Judge Saporito’s Report and Recommendation (Doc. 8) that Plaintiff’s petition for
a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 1) should be denied as meritless and
that this court should decline to issue a certificate of appealability, and, after independent
review of the record, and noting that no objections were filed, IT IS ORDERED that:
(1) The Report and Recommendation (Doc. 8) is ADOPTED;
(2) Plaintiff’s petition is DENIED;
(3) A certificate of appealability is DENIED; 1
(4) The Clerk of Court shall close the file.
/s/ William W. Caldwell
William W. Caldwell
United States District Judge
Although we are denying a certificate of appealability, Plaintiff is advised that she has the right for
thirty (30) days to appeal our order denying her § 2254 petition, see 28 U.S.C. § 2253(a); Fed. R.
App. P. 4(a)(1)(A), and that our denial of a certificate of appealability does not prevent her from
appealing, so long as she also seeks a certificate of appealability from the court of appeals. See
Fed. R. App. P. 22; Local R. App. P. 22.1.
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