SMITH v. FOLINO et al

Filing 18

MEMORANDUM ORDER: AND NOW, this 19th Day of December, 2011; IT IS ORDERED that the Petition for Writ of Habeas Corpus be, and hereby is DENIED. Inasmuch as jurists of reason would not find it debatable whether the Petitioner has failed to make a su bstantial showing of the denial of a constitutional right, IT IS FURTHER ORDERED that no certificate of appealability shall issue. The Report and Recommendation of Magistrate Judge Baxter dated October 11, 2011 15 is adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 12/19/2011. (kas)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
TRACY S. SMITH,
Petitioner,
v.
LOUIS FOLINO, et al.,
Respondents.

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Case No. 1:09-cv-288-SJM-SPB

MEMORANDUM ORDER
This petition for writ of habeas corpus was received by the Clerk of Court on
November 16, 2009 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 Magistrate Judge's Report and Recommendation, filed on October 11, 2011
[15], recommends that the 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. Service was made on Petitioner by
certified mail at SCI Greene, where he is incarcerated, and on Respondents.
Petitioner’s objections [17] were filed on December 15, 2011. After de novo review of
the petition and documents in the case, together with the Report and Recommendation
and objections thereto, the following order is entered:

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AND NOW, this 19th Day of December, 2011;
IT IS ORDERED that the Petition for Writ of Habeas Corpus be, and
hereby is DENIED. Inasmuch as jurists of reason would not find it debatable whether
the Petitioner has failed to make a substantial showing of the denial of a constitutional
right, IT IS FURTHER ORDERED that no certificate of appealability shall issue.
The Report and Recommendation of Magistrate Judge Baxter dated
October 11, 2011 [15] 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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