KEEL v. COLEMAN

Filing 23

MEMORANDUM OPINION re 22 REPORT AND RECOMMENDATION re 2 Petition for Writ of Habeas Corpus. Signed by Chief Judge Joy Flowers Conti on 7/19/2016. (smc)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ANDREW AIMEE KEEL, Petitioner, v. SUPERINTENDENT COLEMAN, et al., Respondents. ) ) ) ) ) ) ) Civil Action No. 14-122 Erie MEMORANDUM OPINION CONTI, Chief District Judge. Pending before the court is the petition for a writ of habeas corpus filed by state prisoner Andrew Aimee Keel ("Keel") pursuant to 28 U.S.C. § 2254. Keel challenged the legality of his imprisonment, which is the result of the judgment of sentenced imposed upon him in June 2008 by the Court of Common Pleas of Erie County on his convictions of burglary, robbery and related crimes. This case was referred to United States Magistrate Judge Susan Paradise Baxter in accordance with 28 U.S.C. § 636(b) and Local Rule 72. The magistrate judge issued a report and recommendation ("R&R") in which she recommended that the petition be denied and that a certificate of appealability be denied. [ECF No. 22]. Keel was served with the R&R at his address of record and was advised that he had until July 5, 2016, to file objections to it. Keel did not file objections, and he did not seek an extension of time to file them. After de novo review of the R&R and the other documents filed in this case, the court adopts the R&R as the opinion of the court. The petition is denied and a certificate of appealability is denied on all claims. 1 An appropriate order follows. BY THE COURT, Date: July 19, 2016 /s/ Joy Flowers Conti Joy Flowers Conti Chief United States District Court Judge 2

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