Filing 15

ORDER adopting 12 Report and Recommendations that the petition 3 be summarily dismissed for lack of jurisdiction and that a certificate of appealability be denied. This case is CLOSED and the Clerk shall send copies of this Order to the parties. Signed by Judge Barbara Rothstein on 8/7/2017. (nk)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA 1 2 3 4 JOHN D. SUTTON, 7 ORDER Petitioner, 5 6 Civ. No. 17-109 (BJR) v. COMMONWEALTH, et al., 8 Respondents. 9 10 11 12 13 ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE The Court, having considered the Report and Recommendation of Magistrate Judge Susan Paradise Baxter, and no objections having been filed, HEREBY ORDERS: 14 (1) The Court ADOPTS the Report and Recommendation. 15 (2) The petition for habeas corpus is DENIED. 16 (3) A certificate of appealability is DENIED. 17 (3) The case is CLOSED. 18 (4) The Clerk shall send copies of this Order to the parties. 19 SO ORDERED. 20 21 Dated this 7th day of August, 2017. 22 23 24 Barbara Jacobs Rothstein U.S. District Court Judge 25 1

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