MOFFITT v. COMMONWEALTH OF PA
ORDER adopting 5 Report and Recommendation. IT IS ORDERED that the petition for a writ of habeas corpus filed by petitioner (Doc. 1 ) is dismissed for failure to exhaust state court remedies and, because reasonable jurists could not conclude tha t a basis for appeal exists, a certificate of appealability is denied. The Report and Recommendation of the Magistrate Judge, dated March 6, 2017, hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 3/29/2017. (kg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JAMES KENNETH MOFFITT,
COMMONWEALTH OF PENNSYLVANIA,
Civil Action No. 17-276
Judge Cathy Bissoon
AND NOW, this 29th day of March, 2017, after the petitioner, James Kenneth
Moffitt, 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. 5), 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 for failure to exhaust state court remedies 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)(1) of the Federal Rules of
Appellate Procedure if the petitioner desires to appeal from this Order he must do so within thirty
(30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P.
March 29, 2017
cc (via ECF email notification):
All Counsel of Record
Cc (via First Class U.S. Mail):
James Kenneth Moffitt
Allegheny County Jail
950 Second Avenue
Pittsburgh, PA 15219
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?