Ritter v. Brittain et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that 25 Ritter's Objections are overruled; 22 Magistrate Judge Carlson's Report and is adopted; Petition is denied; a certificate of appealability shall not issue; Clerk directed to close this case. Signed by Honorable Matthew W. Brann on 5/31/19. (case closed)(lg)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA No. 4:17-CV-00501 TIMOTHY C. RITTER, (Judge Brann) Petitioner, (Magistrate Judge Carlson) v. KATHY J. BRITTAIN and THE PENNSYLVANIA ATTORNEY GENERAL, Respondents. ORDER MAY 31, 2019 On March 22, 2017, Timothy C. Ritter filed a petition for a writ of habeas corpus pursuant 28 U.S.C. § 2254.1 On March 29, 2019, Magistrate Judge Martin C. Carlson recommended that this Court deny Mr. Ritter’s petition without issuing a certificate of appealability.2 Recommendation on May 6, 2019.3 1 ECF No. 1. 2 ECF No. 22. 3 ECF No. 25. Mr. Ritter objected to that Report and The Court has conducted a de novo review of the objected-to portions of Magistrate Judge Carlson’s Report and Recommendation, and agrees with its analysis and conclusions. Therefore, IT IS HEREBY ORDERED that: 1. Mr. Ritter’s Objections, ECF No. 25, are OVERRULED. 2. The Report and Recommendation, ECF No. 22, is ADOPTED IN ITS ENTIRETY. 3. Mr. Ritter’s Petition, ECF No. 1, is DENIED. 4. A certificate of appealability SHALL NOT issue. 5. The Clerk of Court is directed to close this case. BY THE COURT: s/ Matthew W. Brann Matthew W. Brann United States District Judge

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