Castro v. Gilmore et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that 24 Magistrate Carlson's Report and Recommendation is adopted; 23 Petitioner's Motion to Reopen Caseis denied. Signed by Honorable Matthew W. Brann on 4/30/19. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 4:15-CV-1833

JOSE ALBERT CASTRO,

(Judge Brann)

Petitioner.

(Magistrate Judge Carlson)

v.
ROBERT GILMORE, et al.,
Respondents.
ORDER

APRIL 30, 2019
1.

On September 21, 2015, Petitioner filed the instant Petition for a Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2254. ECF No. 1

2.

On September 20, 2017, Magistrate Judge Martin C. Carlson issued a
Report and Recommendation in which he recommended that the petition
be denied and that a certificate of appealability not issue. ECF No. 18.

3.

On November 28, 2017, this Court adopted Magistrate Judge Carlson’s
Report and Recommendation in its entirety and denied Petitioner’s
Petition for a Writ of Habeas Corpus. ECF No. 19.

4.

Petitioner appealed, ECF No. 21, and on April 19, 2018, the United
States Court of Appeals for the Third Circuit denied Petitioner’s request
for a certificate of appealability. ECF No. 22.

5.

On March 11, 2019, Petitioner filed a Motion to Reopen Case. ECF No.
23.

6.

On March 27, 2019, Magistrate Judge Carlson issued a Report and
Recommendation in which he recommended that Petitioner’s motion to
reopen his case be denied. ECF No. 24.

7.

On April 11, 2019, Petitioner objected to Magistrate Judge Carlson’s
Report and Recommendation. ECF No. 25.

8.

As a result of Plaintiff’s objections, this Court has reviewed the Report
and Recommendation de novo.1

9.

Finding that Plaintiff’s objections are meritless, this Court ADOPTS the
Report and Recommendation, ECF No. 24, in its entirety.

10.

Therefore, IT IS HEREBY ORDERED that Petitioner’s Motion to
Reopen Case is DENIED.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

1

28 U.S.C. § 636(b)(1).