GRAVES v. MAHALLY et al

Filing 17

ORDER adopting Report and Recommendations re 16 Report and Recommendations as the Opinion of this Court. 1 Petition for Writ of Habeas Corpus is denied. A Certificate of Appealability is denied. The Clerk of Court mark this case closed. Pursu ant 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. Signed by Chief Judge Joy Flowers Conti on 6/28/2016. (smc)

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

LARUE GRAVES,
Petitioner,
v.
LARRY MAHALLY, Superintendent
and THE ATTORNEY GENERAL OF
THE STATE OF PENNSYLVANIA,
Respondents.

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Civil Action No. 14 – 1680
Chief District Judge Joy Flowers Conti
Magistrate Judge Lisa Pupo Lenihan

ORDER
On December 12, 2014, Larue Graves (“Petitioner”) filed with this Court a Petition for
Writ of Habeas Corpus challenging his October 18, 2006 judgment of sentence. 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 May 20, 2016, Magistrate Judge Lenihan entered a Report and Recommendation
wherein she recommended that the Petition 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 June 6, 2016 to file written objections. As of today, no objections
have been filed.
Therefore, upon an independent review of the record and consideration of the Magistrate
Judge’s Report and Recommendation, the following Order is entered.

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AND NOW this 28th day of June, 2016,
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 Report and Recommendation (ECF No. 16) is
adopted as the Opinion of this Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case closed.
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.
By the Court:

/s/ Joy Flowers Conti_______
Joy Flowers Conti
Chief United States District Judge
cc: Larue Graves
MA-8295
SCI Dallas
1000 Follies Road
Dallas, PA 18612-0286
Counsel for Respondent
Via CM/ECF Electronic Mail

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