COWFER v. KERESTES et al

Filing 22

MEMORANDUM ORDER. Respondents' Motion to Dismiss (Doc. 13 ) is GRANTED; the Petition for a writ of habeas corpus (Doc. 4 ) is DISMISSED; a certificate of appealability is DENIED; and the Report and Recommendation (Doc. 20 ) hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 4/18/17. (dcd) Staff note: a copy of this filing will be sent on 4/19/17, via First-Class U.S. Mail, to Petitioner's address of record.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA WALTER SHERMAN COWFER, Petitioner, v. JOHN KERESTES, et al., Respondents. ) ) ) ) ) ) ) ) Civil Action No. 15-1560 Judge Cathy Bissoon Magistrate Judge Cynthia Reed Eddy MEMORANDUM ORDER This case has been referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Local Rule of Civil Procedure 72. On March 10, 2017, the Magistrate Judge issued a Report (Doc. 20) recommending that Respondents’ Motion to Dismiss (Doc. 13) be granted; the habeas-Petition dismissed; and a certificate of appealability denied. Service of the Report and Recommendation was made on the parties, and Petitioner has filed Objections. See Doc. 21. After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, the following Order is entered: Respondents’ Motion to Dismiss (Doc. 13) is GRANTED; the Petition for a writ of habeas corpus is DISMISSED; a certificate of appealability is DENIED; and the Report and Recommendation hereby is adopted as the Opinion of the District Court. IT IS SO ORDERED. April 18, 2017 s\Cathy Bissoon Cathy Bissoon United States District Judge cc (via First-Class U.S. Mail): Walter Sherman Cowfer BN-3414 SCI Mahanoy 301 Morea Road Frackville, PA 17932 cc (via ECF email notification): All counsel of record 2

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