TARPLEY v. GIROUX et al

Filing 22

MEMORANDUM ORDER indicating that that petitioner's habeas corpus petition is dismissed, and a certificate of appealability is denied; that the Report and Recommendation of Magistrate Judge Robert C. Mitchell 20 is hereby adopted as the Opinion of the District Court. Signed by Judge Nora Barry Fischer on 6/5/15. (jg) Modified on 6/5/2015. (jg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA VICTOR TARPLEY, ) ) ) v. ) ) NANCY GIROUX and THE ATTORNEY ) GENERAL OF THE STATE OF ) PENNSYLVANIA, ) Respondents. ) Petitioner, Civil Action No. 15-345 Magistrate Judge Robert C. Mitchell/ District Judge Nora Barry Fischer MEMORANDUM ORDER NORA BARRY FISCHER, United States District Judge. In a Report and Recommendation [ECF No. 20] filed on May 19, 2015, it was recommended that petitioner’s habeas corpus petition be dismissed and that a certificate of appealability be denied. Petitioner was served with a copy of the Report and Recommendation and was granted until June 5, 2015 to file objections to the Report and Recommendation and filed objections thereto on June 2, 2015. See Obj. [ECF No. 21]. After a de novo review of the pleadings and documents in this case, together with the Report and Recommendation, and pleadings thereto, the following order is entered: AND NOW this 5th day of June, 2015, IT IS HEREBY ORDERED that petitioner’s habeas corpus petition is DISMISSED, and a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge Robert C. Mitchell is hereby adopted as the Opinion of the District Court. sNora Barry Fischer Nora Barry Fischer United States District Judge 1 cc: The Honorable Robert C. Mitchell United States District Court Western District of Pennsylvania Victor Tarpley KJ 8449 S.C.I. Albion 10745 PA-18 Albion, PA 16475-0002 2

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