DAY v. THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA et al

Filing 18

ORDER adopting Report and Recommendations re 15 Report and Recommendations. The petition for a writ of habeas corpus filed by petitioner (Docket No. 4 ) is dismissed and a certificate of appealability is denied. Pursuant to Rule 4(a)(1) of the Fed eral Rules of Appellate Procedure if the petitioner desires to appeal from this Order he must do so within thirty (30) days by filing a notice of appeal as provided in Federal Rule of Appellate Procedure 3. Signed by Judge Joy Flowers Conti on 3/24/09. (smc )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA EDWARD E. DAY, JR., Petitioner, vs. THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, et al., Respondents. ) ) ) ) ) ) ) )

Civil Action No. 09-6

ORDER AND NOW, this 24th day of March, 2009, after the petitioner, Edward E. Day, Jr., filed a petition for a writ of habeas corpus, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties thirteen days after being served with a copy to file written objections thereto, and no objections having been filed, and upon independent review of the petition and the record and upon consideration of the magistrate judge's Report and Recommendation (Docket No. 15), which is adopted as the opinion of this court, IT IS ORDERED that the petition for a writ of habeas corpus filed by petitioner (Docket No. 4) is dismissed and a certificate of appealability is denied. IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure if the petitioner desires to appeal from this Order he must do so within thirty (30) days by filing a notice of appeal as provided in Federal Rule of Appellate Procedure 3.

/s/ Joy Flowers Conti Joy Flowers Conti United States District Judge cc: Edward E. Day, Jr. 206 North 2nd Street Jeannette, PA 15644