CARVER v. PA DEPARTMENT OF CORRECTIONS et al

Filing 23

ORDER dismissing 5 Petition for Writ of Habeas Corpus, denying 20 Motion for Reconsideration, denying certificate of appealability. The Clerk of Court shall mark this case CLOSED. Signed by Magistrate Judge Lisa Pupo Lenihan on May 6, 2015. (kcc)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA BLAINE CARVER, Petitioner, v. PA DEPARTMENT OF CORRECTIONS, et al., ) ) ) ) ) ) ) ) ) Civil Action No. 15 – 26 Magistrate Judge Lisa Pup Lenihan Respondents. ORDER Pursuant to the Court’s Memorandum Opinion filed at ECF No. 22, IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus filed by Petitioner Blaine Carver (ECF No. 5) is DISMISSED for failure to state a claim cognizable under 28 U.S.C. § 2254. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that Carver’s Motion for Reconsideration (ECF No. 20) is DENIED. IT IS FURTHER ORDERED that the Clerk of Court shall mark this case CLOSED. 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. Dated: May 6, 2015. /s/ Lisa Pupo Lenihan Lisa Pupo Lenihan United States Magistrate Judge 1 cc: Blaine Carver LD-9340 SCI Houtzdale P.O. Box 1000 Houtzdale, PA 16698 Counsel of record 2

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