IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
April 2, 2009
ERNEST JAMAL NELSON, PETITIONER
SUPERINTENDENT OF SCI-HUNTINGDON; ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA; DISTRICT ATTORNEY OF ALLEGHENY COUNTY, RESPONDENTS
The opinion of the court was delivered by: Terrence F. McVerry
Magistrate Judge Amy Reynolds Hay
AND NOW, this 2nd day of April, 2009, after the Petitioner, Ernest Jamal Nelson, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties until March 30, 2009, to file written objections thereto, and upon consideration of the objections filed by Petitioner, and upon an independent review of the record and consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED, ADJUDGED and DECREED that the habeas petition filed pursuant to 28 U.S.C. § 2254 is DENIED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED .
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P.
Terrence F. McVerry United States District Judge
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