FERGUSON v. DIGUGLIELMO et al

Filing 32

ORDER adopting Report and Recommendation 30 dated 7/9/14and DENYING 29 Motion for Relief of Judgment 29 . A Certificate of Appealability is denied: and Pursuant to Rule 4(a)(1) of the Fed Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Rule of Appellate Procedure 3, must be filed with the Clerk of Court within 30 daysCase Closed.. Signed by Judge Maurice B. Cohill on 8/6/14. (rtw)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ANTONIO D. FERGUSON,
Petitioner,
v.

SUPERINTENDENT DAVID
DIGUGLIELMO, ATTORNEY
GENERAL OF THE STATE OF
PENNSYLVANIA, and DISTRICT
ATTORNEY OF THE COUNTY OF
ERIE, BRADLEY H. FOULK,
Respondents.

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Civil Action No. 09

72E

District Judge Maurice B. Cohill
Chief Magistrate Judge Lisa Pupo Lenihan

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MEMORANDUM ORDER
AND NOW, this

tI!J day of August, 2014, after Petitioner having filed a "Motion for

Relation Back to Amendments" on July 8, 2014 (ECF No. 29), which the Magistrate Judge
appropriately construed as a Motion for Relief from Judgment pursuant to Federal Rule of Civil
Procedure 60(b); and after the Magistrate Judge filed a Report and Recommendation on July 9,
2014 (ECF No. 30), recommending that the Motion for Relief from Judgment be denied; and
after Petitioner filed objections to the Report and Recommendation on July 21, 2014 (ECF No.
31); and upon consideration of Petitioner's objections, the Report and Recommendation and an
independent review of the record;
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 30) is
ADOPTED as the Opinion of this Court.

IT IS FURTHER ORDERED that, for the reasons set forth in the Report and

Recommendation, the Motion for Relief from Judgment (ECF No. 29) is DENIED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) of the Federal Rules

of Appellate Procedure, if any party wishes to appeal from this Order then a notice of appeal, as
provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court,
at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.

By the Court:

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Jc &~IU .)U

Maurice B. Cohill
United States District Judge

cc: Antonio D. Ferguson
GB-8731
SCI Graterford
P.O. Box 244

Graterford, PA 19426-0244

(Via First Class Mail)

Counsel of Record
(Via CMlECF Electronic Mail)

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