EVERETT v. SUPERINTENDENT, SCI FAYETTE et al

Filing 48

ORDER denying 43 Motion for Relief of Judgment; adopting 44 Report and Recommendation. Petitioner's Motion for Relief of Judgment 43 is DENIED, a certificate of appealability is DENIED and the R&R 44 is ADOPTED as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 8/22/2023. (sps)

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Case 2:15-cv-01639-CB-LPL Document 48 Filed 08/22/23 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JEVON A. EVERETT, ) ) Petitioner, ) ) v. ) ) SUPERINTENDENT, SCI FAYETTE, and ) THE ATTORNEY GENERAL OF THE ) STATE OF PENNSYLVANIA, ) ) Respondents. ) Civil Action No. 15-1639 Judge Cathy Bissoon Magistrate Judge Lisa Pupo Lenihan MEMORANDUM ORDER This case has been referred to United States Magistrate Judge Lisa Pupo Lenihan 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 April 12, 2023, the Magistrate Judge issued a Report (Doc. 44) recommending that Jevon A. Everett’s Motion for Relief from Judgment (Doc. 43) be denied for lack of subjectmatter jurisdiction and that a certificate of appealability be denied. Service of the Report and Recommendation was made, and Petitioner filed Objections on May 2, 2023. See Doc. 45. After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, it hereby is ORDERED that Jevon A. Everett’s Motion for Relief from Judgment is DENIED; a certificate of appealability is DENIED; and the Report and Recommendation is ADOPTED as the Opinion of the District Court. 1 Case 2:15-cv-01639-CB-LPL Document 48 Filed 08/22/23 Page 2 of 2 IT IS SO ORDERED. August 22, 2023 s\Cathy Bissoon Cathy Bissoon United States District Judge cc (via U.S. First-Class Mail): Jevon A. Everett HW-1387 SCI Greene 169 Progress Drive Waynesburg, PA 15379 2

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