United States District Court, W.D. Pennsylvania
September 28, 2005.
RICHARD KELLY, Petitioner,
SUPERINTENDENT WAKEFIELD, et al., Respondents.
The opinion of the court was delivered by: ARTHUR SCHWAB, District Judge
AND NOW, this 28th day of September, 2005, after the
petitioner, Richard Kelly, filed a petition for a writ of habeas
corpus, and after an Amended Report and Recommendation was filed
by the United States Magistrate Judge granting the parties ten
days after being served with a copy to file written objections
thereto, and upon consideration of the objections filed by
petitioner, and upon independent review of the petition and the
record and upon consideration of the Magistrate Judge's Amended
Report and Recommendation (Docket No. 14), which is adopted as
the opinion of this Court,
IT IS ORDERED that the petition for a writ of habeas corpus
filed by petitioner (Docket No. 3) is dismissed and a certificate
of appealability is denied for failure to set forth a viable
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.
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