HAIRSTON v. FOLINO et al

Filing 10

ORDER adopting Report and Recommendation 5 as the opinion of the Court; that the petition for writ of habeas corpus filed by Petitioner 4 is dismissed and a certificate of appealability is denied; 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 Rule 3, Fed. R. App. P. Signed by Judge Nora Barry Fischer on 6/4/12. (jg)

IN THE UNITED STATES DISTR:.:CT COURT

FOR THE WESTERN DISTRICT OF PB:NNSYLVANIA

KENNETH HAIRSTON,

Petitioner,

v.
LOUIS FOLINO,

civil

~~tion

No. 12-313

et al.
Respondents

ORDER
AND
Petitioner,

NOW,

Kenneth

habeas corpus,
by

the

days

objections

4~

Hairston,

and after a

United

fourteen

this

States

:h,.. , L.

filed

a

and

:3.fter

2012,

,

petition

for

'ilJTit

the
of

Report and RE!COmmendation was filed

Magistrate

after being

thereto,

of

day

Judge

granting

the

parties

served with a

copy to

file

written

upon

consideration

of

the

<)b]ections

filed by the petitioner, and upon written review of thf:! petition
and the record and upon consideration of the Magistrai.:E! Judge's
Report

and Recommendation

(Docket No.5)

I

which is

c.do:?ted as

the opinion of this Court,
IT IS ORDERED that
corpus

filed

by

Petitioner

the petition for

(Docket

No.

writ

of

habeas

is

dismis:3ed and a

FURTHER ORDERED that pu:::-suant

to Rule 4 (a) (1:

q,)

certificate of appealability is denied.
IT IS
of

the

Federal Rules

of Appellate

Procedure

if

the

Petitioner

desires to appeal from this Order he must do so wit:-lir:. thirty
(30)

days by filing a notice of appeal as provided in Rule 3,

Fed. R. App. P.

~I~~
United States District Judge