BELL v. HARLOW et al

Filing 5

ORDER adopting Report and Recommendation 3 . Petitioner's Petition for a Writ of Habeas Corpus is hereby DENIED. It is further ordered that a certificate of appealability is denied. Signed by Judge Maurice B. Cohill on 5/20/2013. (rtw)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL BELL,

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Plaintiff,

v.

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MICHAEL HARLOW, and THE
ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Defendants.

Civil Action No. 13-115 Erie

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MEMORANDUM ORDER
This Petition for Writ of Habeas Corpus was received by the Clerk of Court on April 24,
2013, 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.
On April 29, 2013, Magistrate Judge Baxter issued a Report and Recommendation
recommending that the Petition for Writ of Habeas Corpus be denied and that a Certificate of
Appealability be denied. ECF No.3. Magistrate Judge Baxter explained that the instant petition
for a writ of habeas corpus is a second or successive petition as this is Petitioner's fourth federal
habeas corpus petition in this court.
Petitioner was allowed until May 16,2013, to file objections. Petitioner timely filed
Objections. After de novo review of the pleadings and documents in the case, together with the
report and recommendation and objections thereto, we adopt Magistrate Judge Baxter's April 29,
2013 Report and Recommendation as the Opinion of the Court.

Accordingly, the following Order is hereby entered.

AND NOW, this

or

'1-4 day of May, 20l3, it is HEREBY ORDERED, ADJUDGED and

DECREED that Petitioner's Petition for Writ of Habeas Corpus is hereby DENIED.
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
The Report and Recommendation dated April 29, 2013 (ECF No.3) is adopted as the
Opinion of the Court.

~,,~~, e..~~.
Maurice B. Cohill, Jr.
Senior United States District Judge
cc:

Counsel of Record
Michael Bell, pro se
DB-1647
SCI ALBION
10745 ROUTE 18
ALBION, PA 16475

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