JOHNSON v. SOBINA et al
Filing
13
MEMORANDUM ORDER: AND NOW, this 9th Day of May, 2011; IT IS ORDERED that the instant amended petition for writ of habeas corpus be, and hereby is, DENIED. Inasmuch as reasonable jurists would not find it debatable whether the instant petition lacks merit and is untimely and should be denied, IT IS FURTHER ORDERED that no certificate of appealability shall issue. The Report and Recommendation of Magistrate Judge Baxter, filed on March 30, 2011 12 , is adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 05/09/2011. (kas)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KELLEE DONYE JOHNSON,
Petitioner,
v.
RAYMOND SOBINA, et al.
Respondents.
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Case No. 1:08-cv-262-SJM-SPB
MEMORANDUM ORDER
The instant petition for writ of habeas corpus was received by the Clerk of Court
on September 18, 2008 and was referred to United States Magistrate Judge Susan
Paradise Baxter for report and recommendation in accordance with the Magistrates Act,
28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Report and Recommendation, filed on March 30, 2011 [12], recommends
that the Petitioner’s amended petition for writ of habeas corpus be denied and that a
certificate of appealability also be denied. The parties were allowed fourteen (14) days
from the date of service in which to file objections. The parties were served via
electronic notice to their respective counsel. No objections to the Report and
Recommendation have been filed.
After de novo review of the petition and documents in the case, together with the
Report and Recommendation, the following order is entered:
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AND NOW, this 9th Day of May, 2011;
IT IS ORDERED that the instant amended petition for writ of habeas
corpus be, and hereby is, DENIED. Inasmuch as reasonable jurists would not find it
debatable whether the instant petition lacks merit and is untimely and should be denied,
IT IS FURTHER ORDERED that no certificate of appealability shall issue.
The Report and Recommendation of Magistrate Judge Baxter, filed on
March 30, 2011 [12], is adopted as the opinion of the Court.
s/
Sean J. McLaughlin
SEAN J. McLAUGHLIN
United States District Judge
Cm:
All parties of record.
U.S. Magistrate Judge Susan Paradise Baxter
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