MCCLOUD v. ROZUM et al

Filing 19

ORDER adopting Report and Recommendation 18 dated June 28, 2013 as the Opinion of the court. Ordered that the Petition for Writ of Habeas Corpus is denied; 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 oof Appellate Procedure 3, must be filed with the Clerk of Court within 30 days. Signed by Judge Maurice B. Cohill on 8/1/2013. (rtw)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JOSH McCLOUD, ) ) Petitioner, ) Civil Action No. 11-2 E ) District Judge Maurice B. Cohill ) Magistrate Judge Maureen P. Kelly vs. GERALD ROZUM, and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents. ) ) ) ) ORDER AND NOW, this I ~Yday Of_---1oI~-=--II~_~~_-, 2013, after the Petitioner, Josh McCloud, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the parties until July 15, 2013 to file written objections thereto, and no objections having been filed to the report and recommendation, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court, IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus under 28 U.S.C. ยง 2254 for Writ of Habeas Corpus By A Person In State Custody (the "Petition") is denied; IT IS FURTHER ORDERED that a Certificate of Appealability is denied. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order 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. MAU ICE B. COHILL United States District Judge cc: Honorable Maureen P. Kelly United States Magistrate Judge Josh McCloud GX2050 SCI Somerset 1600 Walters Mill Road Somerset, PA 15510 All Counsel of Record Via CM-ECF

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