GRACE v. OVERMYER et al

Filing 8

ORDER adopting Report and Recommendations re 4 Report and Recommendations. The Petition for a Writ of Habeas Corpus filed by Petitioner 5 is dismissed and, because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied. Signed by Judge Arthur J. Schwab on 6/13/17. (lck)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA FRAZIER CISCO GRACE, Petitioner, vs. MICHAEL D. OVERMYER, et al., Respondents. .,..., ) ) ) ) ) ) ) Civil Action No. 17-632 ORDER AND NOW, this/ 'J day of June, 2017, after the petitioner, Frazier Cisco Grace, 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 upon consideration of the objections filed by the petitioner, and upon independent review of the petition and upon consideration of the Magistrate Judge's Report and Recommendation (ECF No. 4), 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. 5) 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 he must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P. w tates District Judge cc: Frazier Cisco Grace JB-8477 S.C.I. Forest P.O. Box 945 Marienville, PA 16239

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