LYBARGER v. PREBISH
Filing
16
MEMORANDUM ORDER - it is hereby Ordered that the petitioner's petition for a writ of habeas corpus is denied and dismissed without a certificate of appealability. The appeal at docket no. 15 from the orders at docket no. 10 and docket no. 14 is denied; 3 Report and Recommendation is adopted as the opinion of the Court. The Clerk shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 4/29/2013. (dlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ERIK LYBARGER,
Petitioner
v.
Case No. 3:13-cv-65-KRG-KAP
JOHN PREBISH, WARDEN,
CAMBRIA COUNTY PRISON,
Respondent
MEMORANDUM ORDER
This matter was referred to Magistrate Judge Keith A.
Pesto for proceedings in accordance with 28 U.S.C.§ 636(b) (1), and
Local Rule 72 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on April 2, 2013, docket no. 3, recommending that the petitioner's
petition for a writ of habeas corpus be dismissed without an answer
and that no certificate of appealability be issued.
The petitioner was notified that pursuant to 28 U.S.C.§
636(b) (1), he had fourteen days to file written objections to the
Report and Recommendation.
7~
Petitioner filed objections, docket no.
docket no. 8, that are meritless, and an appeal, docket no. 15,
from the denial of several motions filed by petitioner.
After
de
novo
review
of
the
record
of
this
matter
together with the Report and Recommendation and the objections
thereto, the following order is entered:
AND NOW, this
~hday
of April, 2013, it is
ORDERED that the petitioner's petition for a writ of
habeas corpus is denied and dismissed without a certificate of
appealability.
docket
no.
10
The appeal at docket no.
and
docket
no.
14
is
15 from the orders at
denied.
The
Report
Recommendation is adopted as the opinion of the Court.
The Clerk
shall mark this matter closed.
KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice by ECF to counsel of record and by U.S. Mail to:
Erik Lybarger 12-551
Cambria County Prison
425 Manor Drive
Ebensburg, PA 15931
2
and
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