Wallace v. Superintendent of SCI Huntingdon et al

Filing 29

ORDER: 1. The R & R of Magistrate Judge Schwab is APPROVED AND ADOPTED as supplemented. 2. Petitioner Jabbar Wallace's Petition for Writ of Habeas Corpus is DENIED. 3. Since Petitioner Jabbar Wallace has failed to make "a substantial showing of the denial of a constitutional right", a certificate of appealability SHALL NOT issue. Signed by Honorable A. Richard Caputo on 1/8/18. (dw)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JABBAR WALLACE, CIVIL ACTION NO. 3:14-CV-01424 Petitioner, v. (JUDGE CAPUTO) SUPERINTENDENT OF SCI HUNTINGDON, Respondent. ORDER NOW, this 8th day of January, 2018, upon consideration of Petitioner Jabbar Wallace’s Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. §2254(d) (Doc. 1), the Report and Recommendation (“R&R”) of Magistrate Judge Schwab (Doc. 21), and Petitioner’s objections to the R&R (Doc. 25), IT IS HEREBY ORDERED that: (1) The R&R of Magistrate Judge Schwab is APPROVED and ADOPTED as supplemented; (2) Petitioner Jabbar Wallace’s Petition for a Writ of Habeas Corpus is DENIED; (3) Since Petitioner Jabbar Wallace has failed to make “a substantial showing of the denial of a constitutional right,” a certificate of appealability SHALL NOT issue. (4) The Clerk of Court is directed to CLOSE this case. /s/ A. Richard Caputo A. Richard Caputo United States District Judge

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