FREEMAN v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE et al

Filing 12

ORDER ADOPTING Report and Recommendations re 11 - The petition for a writ of habeas corpus filed by petitioner (ECF No. 1) is dismissed as procedurally defaulted and meritless and, because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied. Signed by Judge Arthur J. Schwab on 12/23/14. (lck)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

KENDALL FREEMAN,
Petitioner,
V.

PENNSYLVANIA BOARD OF PROBATION
AND PAROLE, et al.,
Respondents

AND NOW, this

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Civil Action No. 14-1174

ORDER
~-t.c'Y.....
day of December, 2014, after the petitioner, Kendall

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Freeman, filed a petition for a writ of habeas corpus, and after a Report and Recommendation
was filed by the United States Magistrate Judge granting the parties a period of time after being
served with a copy to file written objections thereto, and no objections having been filed, and
upon independent review of the petition and the record and upon consideration of the Magistrate
Judge's Report and Recommendation (ECF No. 11), which is adopted as the opinion ofthis
Court,
IT IS ORDERED that the petition for a writ of habeas corpus filed by petitioner
(ECF No. 1) is dismissed as procedurally defaulted and meritless and, 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)(l) 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.

Arthur J. Schwab
United States District Judge
cc:

Kendall Freeman
AJ-1805
SCI Greene
175 Progress Drive
Waynesburg, PA 15370