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Shelton v. Attorney General of Pennsylvania

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


January 16, 2007

TERRELL EDWARD SHELTON, PETITIONER,
v.
ATTORNEY GENERAL OF PENNSYLVANIA, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Terrence F. McVerry United States District Judge

ORDER

AND NOW, this 16th day of January, 2007, after a petition for a writ of habeas corpus was filed by the petitioner, Terrell Edward Shelton, and after a Report and Recommendation of the United States Magistrate Judge was issued, and the parties were granted thirteen days after being served with a copy to file written objections thereto, and upon consideration of the objections filed by the petitioner, and after independent review of the petition and the record, and upon consideration of the Report and Recommendation of the Magistrate Judge, which is adopted and incorporated as the opinion of this Court,

IT IS ORDERED that the petition of Terrell Edward Shelton for a writ of habeas corpus is dismissed, and that a certificate of appealability is denied for lack of a viable federal constitutional issue.

IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the F.R.App.P., 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 by Rule 3 F.R.App.P.

20070116

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