Simmons v Ebbert

Filing 22

ORDER (memorandum filed previously as separate docket entry); OVERRULING the objections to the R&R; ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Mehalchick; DENYING petitioner's motion for Summary Judgment 11 ; DISMISSING the petition for writ of habeas corpus; Clerk of Court is directed to CLOSE this case. Signed by Honorable James M. Munley on 4/18/16. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ROOSEVELT SIMMONS,
Petitioner

:
No. 3:14cv1422
:
:
(Judge Munley)
v.
:
:
(Magistrate Judge Mehalchick)
DAVID J. EBBERT,
:
Respondent
:
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 18th day of April 2016, it is hereby
ORDERED:
1) Petitioner’s objections (Doc. 18) to Magistrate Judge Mehalchick’s
Report & Recommendation (hereinafter “R&R”) (Doc. 15) are
OVERRULED;
2) Magistrate Judge Mehalchick’s R&R is hereby ADOPTED, and
Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2241 (Doc. 1) is DISMISSED;
3) Petitioner’s motion for summary judgment (Doc. 11) is DENIED;
and
4) The Clerk of Court is directed to close this case.

BY THE COURT:

s/ James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court