MOSLEY v. WETZEL et al

Filing 12

ORDER adopting Report and Recommendations 11 ; Petitioner's Petition for Writ of Habeas Corpus is DENIED, this case is DISMISSED with PREJUDICE, and a certificate of appealability is DENIED; and the Clerk of the Court shall send copies of this order to Petitioner and all counsel. Signed by Judge Barbara Rothstein on 4/3/2017. (nk)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA

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JOSHUA RYAN MOSLEY,
Petitioner,

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CASE NO. 16-211 Erie
ORDER ADOPTING THE REPORT
AND RECOMMENDATION

v.
JOHN WETZEL, et al.,
Respondents.

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The Magistrate Judge issued a Report and Recommendation in this matter (Dkt. No. 11),

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recommending that Petitioner’s petition for writ of habeas corpus (Dkt. No. 3), be denied and the

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case dismissed, and that no certificate of appealability issue. After reviewing the Report and

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Recommendation, the record, and all other materials before the Court, and no objection having

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been filed by Petitioner, it is hereby ordered that:

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1) The Report and Recommendation is ADOPTED;

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ORDER ADOPTING THE REPORT AND RECOMMENDATION - 1

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2) Petitioner’s Petition for Writ of Habeas Corpus is DENIED, this case is

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DISMISSED with PREJUDICE, and a Certificate of Appealability is DENIED;

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and

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3) The Clerk of the Court shall send copies of this order to Petitioner and all counsel.

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IT IS SO ORDERED.

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Dated April 3, 2017.

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A

Barbara Jacobs Rothstein
U.S. District Court Judge

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ORDER ADOPTING THE REPORT AND RECOMMENDATION - 2