OHLER v. COURT OF COMMON PLEAS OF FAYETTE COUNTY et al

Filing 18

ORDER adopting Report and Recommendation 15 of Magistrate Judge Mitchell; that the petition for a writ of habeas corpus filed by petitioner Stanley Ohler, Sr. (Docket No. [4)] is dismissed and, because reasonable jurists could not conclude that a basis for appeal exists, a certificate ofappealability is denied; that pursuant to Rule 4(a)(l) 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 ofappeal as provided in Rule 3, Fed. R. App. P. Signed by Judge Nora Barry Fischer on 5/21/12. (jg)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PEJ..rNSYLVANIA

STANLEY OHLER, SR.,
Petitioner,
vs.
COURT OF COMMON PLEAS OF
FAYETTE COUNTY, et aI.,
Respondents.

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Civil Action No. 12-212

ORDER

AND NOW, this)'

l~fMay, 2012, after the petitioner, Stanley Ohler, Sr.,

filed a petition for a writ of habeas corpus, and after a Report (nd Recommendation was filed by
the United States Magistrate Judge granting the parties a perio:i of time after being served with a
copy to file written objections thereto, and upon consideration of the objections filed by the
petitioner, and upon independent review ofthe petition and tht: record and upon consideration of
the Magistrate Judge's Report and Recommendation (Docket J-10. 15), which is adopted as the
opinion ofthis Court,
IT IS ORDERED that the petition for a writ of labeas corpus filed by petitioner
Stanley Ohler, Sr. (Docket No.4) is dismissed and, because reisonable jurists could not conclude
that a basis for appeal exists, a certificate of appealability is dt;nied.

IT IS FURTHER ORDERED that pursuant to

I~ule

4(a)(l) 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 Rule 3, Fed. R. App. P.

k~:r-~

~ Barry Fisch e

United States DiHrict Judge

cc:

Stanley Ohler, Sr.
HR-0655
SCI Albion 10745
Route 18
Albion, PA 16475