ALLEN v. BEARD

Filing 18

ORDER ADOPTING 16 Report and Recommendation as the Opinion of this Court, and GRANTING 11 Motion to Dismiss. Signed by Judge Arthur J. Schwab on 10/11/12. (eca)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

FRED JAMES ALLEN,
Petitioner,

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v.
JEFFREY BEARD,
Respondent.

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AND NOW, this /

I ~ay of

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Civil Action No. 12-1000

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Oc/ul:>e-rL 2012, after a petition for a writ of habeas

corpus was filed by the petitioner, Fred James Allen, and after a motion to dismiss the petition
and supplements thereto were submitted by the respondent, Jeffrey Beard, and after a Report and
Recommendation of the United States Magistrate Judge was issued, and the parties were
accorded an opportunity to file written objections to it, which were due by October 9,2012, and
no objections having been filed, and after independent review of the petition and the record, and
upon consideration of the Report and Recommendation of the Magistrate Judge, which is
adopted and incorporated as the opinion of this Court,
IT IS ORDERED that the respondent's motion to dismiss the petition of Fred James
Allen for a writ of habeas corpus (ECF 11) is granted, and because reasonable jurists could not
conclude that a basis for appeal exists, that a certificate of appealability is denied.
IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) ofthe F.R.App.P., 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 by Rule 3 F.R.App.P.

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