SIMMS v. GARMAN et al

Filing 17

MEMORANDUM ORDER adopting 15 Report and Recommendation. 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 Shawn Michael Simms'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. Signed by Judge Cathy Bissoon on 10/18/18. (wss)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SHAWN MICHAEL SIMMS,
Petitioner,
v.
MARK GARMAN, and
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Respondents.

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Civil Action No. 17-1063
Judge Cathy Bissoon
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
This case has been referred to United States Magistrate Judge Lisa Pupo Lenihan
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 April 19, 2018, the Magistrate Judge issued a Report (Doc. 15) recommending that
Shawn Michael Simms’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 3) be
dismissed, and that a certificate of appealability be denied. Service of the Report and
Recommendation was made, and Petitioner filed Objections. See Doc. 16.
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 Shawn
Michael Simms’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.

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IT IS SO ORDERED.
October 18, 2018

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via First-Class U.S. Mail):
Shawn Michael Simms
JP4037
Box A
Bellefonte, PA 16823

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