JOHNSON v. DELBASO et al

Filing 57

ORDER indicating that the Report and Recommendation of Magistrate Judge Lisa Pupo Lenihan 45 is adopted as the Opinion of the Court as supplemented by the Court's Memorandum accompanying this Order 56 ; that the Amended Petition of Writ of Ha beas Corpus 25 is denied; that a Certificate of Appealability is denied; that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Petitioner has 30 days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Robert J. Colville on 2/16/21. (jg)

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Case 2:17-cv-01559-RJC-LPL Document 57 Filed 02/16/21 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA LESTER JOHNSON, Petitioner, v. SUPT. DELBASO and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 17 – 1559 ORDER AND NOW, this 16th day of February, 2021, IT IS HEREBY ORDERED that the Report and Recommendation of Magistrate Judge Lisa Pupo Lenihan (ECF No. 45) is adopted as the Opinion of the Court as supplemented by the Court’s Memorandum accompanying this Order. IT IS FURTHER ORDERED that the Amended Petition of Writ of Habeas Corpus (ECF No. 25) is denied. IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) 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: /s/ Robert J. Colville Robert J. Colville United States District Judge Cc: Counsel of record (Via CM/ECF electronic mail) 1

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