RICHARD v. PECK et al

Filing 19

ORDER indicating that the Magistrate Judge's Report and Recommendation 17 is adopted as the opinion of this Court; that the petition for a writ of habeas corpus filed by petitioner 14 is dismissed as a successive petition and, because reason able jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied; 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. Signed by Judge Nora Barry Fischer on 4/3/18. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THOMAS P. RICHARD, SR.,
Petitioner,
vs.
ESQUIRE JOHN PECK, et al.,
Respondents.

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Civil Action No. 18-130

ORDER
AND NOW, this 3rd day of April, 2018, after the petitioner, Thomas P. Richard,
Sr., 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 petitioner 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. 17), 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. 14) is dismissed as a successive petition 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.

s/Nora Barry Fischer
Nora Barry Fischer
United States District Judge

cc:

Thomas P. Richard, Sr.
EM-8033
SCI Graterford
Box 244
Graterford, PA 19426