WOODARD v. CLARK et al

Filing 6

ORDER adopting the Magistrate Judge's Report and Recommendation 5 as as the opinion of this Court; that the Petition for a Writ of Habeas Corpus 3 is dismissed; that no certificate of appealability shall issue; that the Clerk of Court sha ll mark this case closed; and that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Nora Barry Fischer on 8/8/17. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MAURICE WOODARD,
Petitioner,
vs.
MICHAEL CLARK, ATTORNEY
GENERAL OF THE STATE OF PA,
and DISTRICT ATTORNEY OF ERIE
COUNTY,
Respondents.

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Civil Action No. 1:17-174
Judge Nora Barry Fischer
Magistrate Judge Susan Paradise Baxter

ORDER OF COURT
AND NOW, this day of 8th day of August, 2017, after the Petitioner filed a
Petition for a Writ of Habeas Corpus, (Docket No. [3]) and Brief in Support, (Docket No. [4]) in
action in the above-captioned case, and after a Report and Recommendation was filed by the
United States Magistrate Judge on July 17, 2017, recommending that the Petition be dismissed
and that no certificate of appealability should issue, (Docket No. [5]), and also granted all parties
until July 31, 2017 to file written objections thereto and permitted unregistered ECF users until
August 3, 2017 to file such objections, and no objections having been filed by those deadlines,
and upon independent review of the record, and further consideration of the Magistrate Judge=s
Report and Recommendation, (Docket No. [5]), which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the Petition for a Writ of Habeas Corpus [3] is
DISMISSED;
IT IS FURTHER ORDERED that no certificate of appealability shall issue;
IT IS FURTHER ORDERED that the Clerk of Court shall mark this case

CLOSED; and,
FINALLY, IT IS ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of
Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule
3 of the Federal Rules of Appellate Procedure.
s/Nora Barry Fischer
Nora Barry Fischer
United States District Judge
cc:

Honorable Susan Paradise Baxter
United States Magistrate Judge
All Counsel of Record by electronic filing
Notice by first class mail to all of the following:

Maurice Woodard
GC-5579
SCI ALBION
10745 Route 18
Albion, PA 16475-0002
Superintendent Michael Clark
SCI Albion
10745 Route 18
Albion, PA 16475-0001
Pennsylvania Office of Attorney General
16th Floor, Strawberry Square
Harrisburg, PA 17120
Jack Daneri, Esq.
Erie County District Attorney's Office
Erie County Courthouse
140 West Sixth Street
Erie, Pennsylvania 16501