ORIE v. ZAPPALA et al

Filing 32

ORDER. It is ORDERED that 1 petition for a writ of habeas corpus filed by petitioner is DISMISSED and, because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is DENIED. Magistrate Judge Mitchell's 31 Report and Recommendation is ADOPTED as the opinion of this Court. Signed by Judge Mark R. Hornak on 6/30/16. (bdb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JANINE M. ORIE, Petitioner, vs. STEPHEN D. ZAPPALA, et al., Respondents. ) ) ) ) ) ) ) Civil Action No. 16-233 ORDER AND NOW, this ~o't, of June, 2016, after the petitioner, Janine M. Orie, filed a petition for a writ of habeas corpus, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties a period of time after being served with a copy to file written objections thereto, and no objections having been filed, and upon independent review of the petition and the record and upon consideration of the Magistrate Judge's Report and Recommendation (ECF No. 31), which is adopted as the opinion of this Court, IT IS ORDERED that the petition for a writ of habeas corpus filed by petitioner (ECF No. 1) is dismissed and, because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied. IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules of Appellate Procedure if the petitioner desires to appeal from this Order she must do so within thirty (30) days by filing a notice of appeal as Mark R. Hornak United States District Judge

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