BALLARD v. WENEROWICZ et al

Filing 75

ORDER indicating that in accordance with the foregoing Memorandum Opinion 74 , it is hereby ordered that the Petition for Writ of Habeas Corpus is denied; that a certificate of appealability is denied; that the Report and Recommendation 65 is a dopted as the Opinion of the Court as supplemented herein; that Petitioner's Petition for Publication 73 is denied; that the Clerk of Court mark this case closed; that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Petitioner has 30 days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Nora Barry Fischer on 12/12/18. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
TODD DARRELL BALLARD,

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Petitioner,
v.
MICHAEL CLARK,1 Superintendent, SCIALBION, JOHN WETZEL, Secretary of
Pennsylvania Department of Corrections;
DISTRICT ATTORNEY OF
ALLEGHENY COUNTY, and THE
ATTORNEY GENERAL OF THE STATE
OF PENNSYLVANIA,
Respondents.

Civil No. 14-cv-1453
Judge Nora Barry Fischer

ORDER
AND NOW, this 12th day of December, 2018, in accordance with the foregoing
Memorandum Opinion,
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DENIED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 65) is
ADOPTED as the Opinion of the Court as supplemented herein.
IT IS FURTHER ORDERED that Petitioner’s Petition for Publication (ECF No. 73) is
DENIED.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.

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Effective March 27, 2016, Michael Clark was appointed as the Superintendent of SCIAlbion. Under Federal Rule of Civil Procedure 25(d)(1), he is automatically substituted as the
respondent in this action.
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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.

s/ Nora Barry Fischer
Nora Barry Fischer
United States District Judge

cc/ecf: All counsel of record
Todd Darrell Ballard
HK-0416
SCI Albion
10745 Route 18
Albion, PA 16475

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