BRADLEY v. SAUERS et al

Filing 18

ORDER granting 11 Motion to Dismiss and adopting Report and Recommendations re 16 Report and Recommendations. Signed by Judge Terrence F. McVerry on 1/29/2013. (kly)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DAVID MICHAEL BRADLEY,
Petitioner,
vs.
SUPERINTENDENT DEBRA SAUERS,
et al.,
Respondents.

)
)
)
)
)
)
)
)

Civil Action No. 12-1218

ORDER
AND NOW, this 29th day of January, 2013, after the petitioner, David Michael
Bradley, filed a petition for a writ of habeas corpus (ECF No. 7), and after the respondents filed a
motion to dismiss the petition (ECF No. 11), and after a Report and Recommendation was filed
by the United States Magistrate Judge (ECF No. 16) granting the parties a period of time after
being served with a copy to file written objections thereto, and upon consideration of the
objections filed by the petitioner (ECF No. 17), and upon independent review of the petition, the
motion and the record, and upon consideration of the Magistrate Judge’s Report and
Recommendation (ECF No. 16), which is adopted as the opinion of this Court,
IT IS ORDERED that the motion to dismiss the petition submitted on behalf of
the respondents (ECF No. 11) is granted and the petition for writ of habeas corpus filed by
petitioner is dismissed.
IT IS FURTHER ORDERED that, because reasonable jurists could not conclude
that a basis for appeal exists, 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 Rule 3, Fed. R. App. P.

s/Terrence F. McVerry
United States District Judge
cc:

David Michael Bradley
GS-4862
SCI Forest
PO Box 945
Marienville, PA 16239