LEPRE v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 20

ORDER adopting 17 Report and Recommendation. After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation (Doc. 17 ) and the Objections (Doc. 18 ) thereto, it hereby is ORDERED that Gerald S. L epre, Jr.'s habeas petition is DISMISSED; a certificate of appealability is DENIED; and the Report and Recommendation is ADOPTED as the Opinion of the District Court. See contents of this filing. Signed by Judge Cathy Bissoon on 6/12/19. (wss)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA GERALD S. LEPRE, JR., Petitioner, v. COMMONWEALTH OF PENNSYLVANIA, and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents. ) ) ) ) ) ) ) ) } ) ) ) Civil Action No. 16-1441 Judge Cathy Bissoon Magistrate Judge Robert C. Mitchell MEMORANDUM ORDER This case had been referred to United States Magistrate Judge Robert C. Mitchell 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 May 28, 2019, the Magistrate Judge Mitchell issued a Report (Doc. 17) recommending that Gerald S. Lepre, Jr.’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 1) be dismissed, and that a certificate of appealability be denied. Service of the Report and Recommendation was made, and Petitioner filed Objections on June 3, 2019. (See Doc. 18.) 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 Gerald S. Lepre, Jr.’s habeas petition is DISMISSED; a certificate of appealability is DENIED; and the Report and Recommendation is ADOPTED as the Opinion of the District Court. 1 IT IS SO ORDERED. June 12, 2019 s\Cathy Bissoon Cathy Bissoon United States District Judge cc (via First-Class U.S. Mail and Electronic Filing): Gerald S. Lepre, Jr. 130 Clara Street Millvale, PA 15209 2

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