JOHNSON v. COLEMAN et al
Filing
24
MEMORANDUM ORDER: AND NOW, this 4th Day of January, 2013; IT IS ORDERED that the within petition for a writ of habeas corpus shall be, and hereby is, DENIED. Inasmuch as jurists of reason would not find it debatable that the instant petition fails 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 November 26, 2012 22 is adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 1/4/2013. (kas)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KYLE J. JOHNSON,
Petitioner,
v.
SUPERINTENDENT COLEMAN,
et al.,
Respondents.
)
)
)
)
)
)
)
)
)
)
Case No. 1:11-cv-94-SJM-SPB
MEMORANDUM ORDER
This petition for writ of habeas corpus was received by the Clerk of Court on April
21, 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, filed on November 26,
2012 [22], recommends that the petition for a 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 Fayette, where
he is incarcerated, and on Respondents. Petitioner’s objections [23] were filed on
December 14, 2012. 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:
Page 1 of 2
AND NOW, this 4th Day of January, 2013;
IT IS ORDERED that the within petition for a writ of habeas corpus shall be, and
hereby is, DENIED.
Inasmuch as jurists of reason would not find it debatable that the instant petition
fails 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
November 26, 2012 [22] 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
Page 2 of 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?