BIBBS v. BURNS, et al et al

Filing 23

MEMORANDUM ORDER: IT IS HEREBY ORDERED that the Peition for Writ of Habeas Corpus is DENIED and a certificate of appealability is DENIED; adopting 21 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 7/17/2012. (rlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
STEPHON BIBBS,
Petitioner,
v.
SUPERINTENDENT BURNS, et al.,
Respondents.

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Civil Action No. 11-49 Erie

MEMORANDUM ORDER
This action was received by the Clerk of Court on February 23, 2011, 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 [ECF No. 21], filed on June
8, 2012, recommended that the petition for writ of habeas corpus be denied and that a
certificate of appealability be denied. The parties were allowed fourteen (14) days from
the date of service to file objections. Petitioner filed objections on June 28, 2012 [ECF
No. 22]. After de novo review of the documents in the case, together with the Report
and Recommendation and objections thereto, the following order is entered:
AND NOW, this 17th day of July, 2012;
IT IS HEREBY ORDERED that the petition for writ of habeas corpus is DENIED
and a certificate of appealability is DENIED.
The Report and Recommendation [ECF No. 21] of Magistrate Judge Baxter, filed
on June 8, 2012 is adopted as the opinion of the Court.

s/

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Sean J. McLaughlin
United States District Judge

cm:

All parties of record
Susan Paradise Baxter, U.S. Magistrate Judge

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