Bivens v. Commonwealth of Pennsylvania et al

Filing 9

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)

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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA KIMBERLY A. BIVENS, : : : CIVIL NO. 1:16-CV-2269 : : : : : : Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, et. al., Defendants. ORDER 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 1 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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