TURNER v. WALSH et al
Filing
42
MEMORANDUM ORDER denying 37 Motion to Alter or Amend the Judgment; denying as unnecessary 39 Motion for Extension of Time to File a Notice of Appeal. The motion for a certificate of appealability, docket no. 41 , is denied; 40 Report and Recommendation is adopted as the opinion of the Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 10/7/2014. (dlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CHARLES TURNER,
Petitioner,
v.
JEROME WALSH, WARDEN, S.C.I.
DALLAS,
Respondent
Case No. 3:13-cv-47-KRG-KAP
Memorandum Order
Petitioner's motion at docket no.
37 to alter or amend
the judgment denying the habeas corpus petition and a certificate
of appealability was referred to Magistrate Judge Keith A. Pesto
for proceedings in accordance with the Magistrates Act, 28 U.S.C.§
636, and Local Rule 72 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on August 4, 2014, docket no. 40, recommending that the motion be
denied on the merits and that a motion for extension of time to
file a notice of appeal at docket no. 39 be denied as unnecessary.
The Report and Recommendation also addressed Rule 60 motions filed
at Turner v. Lavan, Case No. 3:01-cv-373-KRG-KAP (W.D.Pa. September
17, 2004, certificate of appealability denied No. 04-3985 (3d Cir.
February 25,
2005) and
2005),
cert.
denied,
No.
05-5253
(U.S.
October 3,
Turner v. Lavan, Case No. 3:01-cv-374-KRG-KAP (W.D.Pa.
September 17, 2004, certificate of appealability denied No. 04-4005
(3d Cir.
February
25,
2005),
cert.
denied,
No.
05-5192
(U.S.
October 3, 2005).
The petitioner was notified that pursuant to 28 U.S.C.§
636 (b) (1),
he
had
fourteen
days
to
serve
and
file
written
objections to the Report and Recommendation.
Petitioner filed
objections that had the captions of the two habeas matters from
2001, but did not file objections at this caption.
I nevertheless
have reviewed all the pleadings filed by petitioner and find no
reason to alter the judgment.
After de novo review of the record of this matter and the
Report
and
Recommendation hthe
AND NOW, this
7+
following
order
is
entered:
day of October, 2 014, it is
ORDERED that the petitioner's motion to alter or amend
the judgment, docket no. 37, is denied.
The motion for extension
of time to file a notice of appeal, docket no.
unnecessary.
39, is denied as
The motion for a certificate of appealability, docket
no. 41, is denied.
The Report and Recommendation is adopted as the
opinion of the Court.
BY THE COURT:
\~~
\
KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice by ECF to counsel of record and by U.S. Mail to:
Charles Turner DK-3161
S.C.I. Dallas
1000 Follies Road
Dallas, PA 18612
2
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