HARRIS v. GILMORE et al

Filing 42

MEMORANDUM ORDER adopting Report and Recommendations re 40 Report and Recommendations. The Petition for Writ of Habeas Corpus (ECF No. 5) is denied. IT IS FURTHER ORDERED a Certificate of Appealability is denied. Signed by Judge Arthur J. Schwab on 6/22/18. (lck)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

CHRISTOPHER LEE HARRIS ,
Petitioner,
V.

ROBERT GILMORE, Superintendent,
SCI-Greene , THE DISTRICT
ATTORNE Y OF THE COUNTY OF
ALLEGHENY and THE ATTORNEY
GENERAL OF THE ST A TE OF
PENNSYLVANIA ,
Respondents.

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Civil Action No. 17 - 610

District Judge Arthur J. Schwab
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
Pending before the Court is a Petition for Writ of Habeas Corpus filed by Petitioner
Christopher Lee Harris (" Petitioner") on June 27, 2017, wherein he challenges his judgment of
sentence out of Allegheny County after a jury convicted him of third degree murder on February
l , 2012. (ECF No. 5.) In accordance with the Magistrate Judge's Act, 28 U.S.C. § 636(b)(l),
and Rules 72.C and 72.D of the Local Rules of Court, all pretrial matters were referred to United
States Magistrate Judge Lisa Pupo Lenihan.
On June 5, 2018 , the Magistrate Judge issued a Report and Recommendation ("R&R")
recommending that the Petition for Writ of Habeas Corpus be denied and that a Certificate of
Appealability also be denied. (ECF No. 40.) The R&R was served on the parties and Petitioner
filed timely written objections on June 21, 2018. (ECF No. 41.) In resolving a party's
objections, the Court conducts a de nova review of any part of the R&R that has been properly
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objected to. Fed. R. Civ. P. 72(b)(3); 28 U.S.C. § 636(b)(l). The Court may accept, reject, or
modify the recommended disposition, as well as receive further evidence or return the matter to
the magistrate judge with instructions. Id.
After careful de novo review, the following Order is now entered.

,.., ,.,n~

AND NOW, this o<.o\_ day of June, 2018;
_
IT IS HEREBY ORDERED that the R&R of the Magistrate Judge (ECF No. 40) is
adopted as the opinion of the Court.

IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 5)
is denied.

IT IS FURTHER ORDERED a Certificate of Appealability is denied.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules
of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.
By the Court:

Arthur J. Schwab
United States District Judge
cc: Christopher Lee Harris
KM-9238
SCI Greene
175 Progress Drive
Waynesburg, PA 15370
Counsel for Respondent
( Via CMIECF electronic mail)

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