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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?