JACKSON v. FISHER et al

Filing 21

ORDER that the Petition for 5 Writ of Habeas Corpus is DENIED and that a Certificate of Appealability is also DENIED. IT IS FURTHER ORDERED that 18 the Magistrate Judge's Report and Recommendation is adopted as the Opinion of the Court . 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, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Chief Judge Joy Flowers Conti on 10/19/2016. (smc)

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

EDMOND JACKSON
Petitioner,
v.
JON FISHER, Superintendent SCI
Smithfield and THE ATTORNEY
GENERAL OF THE STATE OF
PENNSYLVANIA,
Respondents.

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Civil Action No. 14 – 1448
Chief District Judge Joy Flowers Conti
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
On October 24, 2014, Edmond Jackson (“Petitioner”) filed with the Court a Petition for
Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, challenging his judgment of sentence of
twenty-seven to fifty-four months imprisonment entered on June 7, 2012, in the Court of
Common Pleas of Fayette County, docketed at CP-26-CR-0001871-2011. In accordance with
the Magistrate Judge’s Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules
of Court, all pretrial matters were referred to United States Magistrate Judge Lisa Pupo Lenihan.
On August 19, 2016, the Magistrate Judge entered a Report and Recommendation
wherein she recommended that the Petition for Writ of Habeas Corpus be denied and that a
Certificate of Appealability also be denied. Petitioner was served with the Magistrate Judge’s
Report and Recommendation and informed that he had until September 6, 2016 to file written
objections. Petitioner later requested and was granted an extension of time to file objections, and

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the deadline was moved to October 7, 2016. As of today, however, no objections have been
filed.
Therefore, after an independent review of the record, and consideration of the Magistrate
Judge’s Report and Recommendation, the following Order is entered:
AND NOW, this 19th day of October, 2016;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 5) is
DENIED and that a Certificate of Appealability is also DENIED.
IT IS FURTHER ORDERED that the Magistrate Judge’s Report and Recommendation
(ECF No. 18) is adopted as the Opinion of the Court.
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, Petitioner has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.
By the Court:
/s/ Joy Flowers Conti___
Joy Flowers Conti
Chief United States District Judge
cc: Edmond Jackson
GS7050
SCI Mahanoy
301 Morea Road
Frackville, PA 17932
Counsel for Respondent
Via CM/ECF

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