SMITH v. KERESTES et al

Filing 28

ORDER adopting 27 Report and Recommendations. For the reasons stated in the Memorandum Order filed herewith, the Petition of Clinton J. Smith for a writ of habeas corpus (Doc. 1 ) is DISMISSED and a certificate of appealability is DENIED. The Report and Recommendation of the Magistrate Judge, dated May 16, 2017 (Doc. 27 ), hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 6/9/2017. (kg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CLINTON J. SMITH,
Petitioner,
v.
JOHN KERESTES, et. al.,
Respondents.

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Civil Action No. 14-714
Judge Cathy Bissoon
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
This case was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and
Local Rule of Civil Procedure 72.
On May 16, 2017, the Magistrate Judge issued a Report (Doc. 27) recommending that the
petition for a writ of habeas corpus, and the certificate of appealability, be denied. Service of the
Report and Recommendation was made, and no objections have been filed.
After a review of the pleadings and documents in the case, together with the Report and
Recommendation, the following Order is entered:
The Petition of Clinton J. Smith for a writ of habeas corpus (Doc. 1) is DISMISSED and
a certificate of appealability is DENIED. The Report and Recommendation of the Magistrate
Judge, dated May 16, 2017, hereby is adopted as the Opinion of the District Court.
IT IS SO ORDERED.

June 9, 2017

s/Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All counsel of record
cc (via First-Class U.S. Mail):
CLINTON J. SMITH
JM-8630
SCI: MAHANOY
301 MOREA RD
FRACKVILLE, PA 17932

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