STRINGER v. FOLINO et al

Filing 40

ORDER denying 27 , 37 and 38 Objections to Magistrate Judge Orders of April 28, May 15 and May 20, 2014, respectively. A copy of this order has been sent to Petitioner via US Mail. Signed by Judge Terrence F. McVerry on 6/19/14. (mh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES
ex rel Robert Stringer,
Petitioner,

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v.

LOUIS FOLINO and THE ATTORNEY
GENERAL OF THE STATE OF
PENNSYLVANIA,
Defendants.

Civil Action No. 13-221
United States District Judge
Terrence F. McVerry
United States Magistrate Judge
Lisa Pupo Lenihan

MEMORANDUM ORDER
Pending before the Court are the OBJECTIONS TO THE MAGISTRATE JUDGE’S
DETERMINATION of April 28, 2014 (ECF No. 27); OBJECTIONS TO THE MAGISTRATE
JUDGE’S DETERMINATION of May 15, 2014 (ECF No. 37); and the OBJECTIONS TO THE
MAGISTRATE JUDGE’S DETERMINATION of May 20, 2014 (ECF No. 38), filed by
Petitioner Robert Stringer (“Stringer”).

Upon review of the Objections, the Court has

determined that a response by Defendants is not necessary.
Stringer has filed a § 2254 Petition in which he challenges his conviction in the Court of
Common Pleas of Allegheny County, Pennsylvania and sentence to Life Without Parole for,
inter alia, First Degree Murder, Kidnapping, Robbery, Conspiracy and Theft by Unlawful
Taking. The Objections now before the Court relate to: (1) the April 28, 2014 text-order by
United States Magistrate Judge Lisa Pupo Lenihan, which granted Respondents’ request for an
extension of time to answer Stringer’s Petition (ECF No. 23); (2) the May 15, 2014 text-order by
the Magistrate Judge, which denied Stringer’s Motion for Entry of Default and Summary
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Judgment against the Attorney General of the Commonwealth of Pennsylvania (ECF No. 28);
and (3) the Magistrate Judge’s May 20, 2014 text-order denial of Stringer’s Motion for
Appointment of Counsel (ECF No. 29).
After careful de novo consideration of Stringer’s Objections, the Court will affirm and
adopt the Orders of the Magistrate Judge as the Orders of the Court. Stringer’s objection to the
decision to grant Respondents’ request for an extension of time to file an answer (which has now
been filed) and his attempt to obtain a default and/or summary judgment are frivolous.
Moreover, as the Court has previously explained (see ECF No. 7), prisoners do not have a right
to counsel for collateral attacks upon their convictions.

In accordance with the foregoing, the OBJECTIONS TO THE MAGISTRATE
JUDGE’S DETERMINATION of April 28, 2014 (ECF No. 27); OBJECTIONS TO THE
MAGISTRATE JUDGE’S DETERMINATION of May 15, 2014 (ECF No. 37); and
OBJECTIONS TO THE MAGISTRATE JUDGE’S DETERMINATION of May 20, 2014 (ECF
No. 38) filed by Petitioner Robert Stringer are DENIED; and the Orders of Magistrate Judge
Lenihan are hereby adopted as the Orders of the Court.
SO ORDERED, this 19th day of June, 2014.
BY THE COURT:
s/Terrence F. McVerry
United States District Judge

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cc:

All counsel of record
Via CM/ECF
Robert Stringer
GJ1592
175 Progress Drive
Waynesburg, PA 15370
Via US Mail

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