HERRING v. COMMON PLEAS COURT ALLEG. CO, PA. et al

Filing 38

ORDER - For the reasons stated in this Court's 37 Memorandum Opinion, IT IS HEREBY ORDERED that the 1 Petition for Writ of Habeas Corpus filed by ANDRE HERRING is DENIED; that a Certificate of Appealability is DENIED; that the 36 MOTION of Consideration is DENIED AS MOOT; that the Clerk of Court mark this case CLOSED; and that any appeal must be filed with the Clerk of Court within thirty (30) days. Signed by Magistrate Judge Lisa Pupo Lenihan on July 21, 2015. (kcc)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ANDRE HERRING, Petitioner, v. COMMON PLEAS COURT ALLEG. CO, PA and THE ATTORNEY GENERAL OF THE STATE OF PENNA., Respondents. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 13 – 1172 Magistrate Judge Lisa Pupo Lenihan ORDER For the reasons stated in this Court’s Memorandum Opinion filed contemporaneously herewith, IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 1) is DENIED. IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED. IT IS FURTHER ORDERED that the Motion of Consideration is DENIED AS MOOT. IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. 1 Dated: July 21, 2015. /s/ Lisa Pupo Lenihan Lisa Pupo Lenihan United States Magistrate Judge Cc: Andre Herring LA2238 SCI Somerset 1600 Walters Mill Road Somerset, PA 15510 2

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