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Wallace v. Lawler

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


May 21, 2010

GARY WALLACE PETITIONER,
v.
RAYMOND LAWLER, THE DISTRICT ATTORNEY OF THE COUNTY OF LEHIGH, AND THE ATTORNEY GENERAL OF PENNSYLVANIA RESPONDENTS.

ORDER

AND NOW, this 21st day of May, 2010, upon consideration of the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 filed by petitioner, Gary Wallace (Document No. 1, filed January 26, 2009), the Response in Opposition to the Petition for Writ of Habeas Corpus filed by respondents (Document No. 8, filed May 7, 2009), the Amended Response in Opposition to the Petition for Writ of Habeas Corpus filed by respondents (Document No. 13, filed June 1, 2009), and after review of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells dated June 30, 2009 (Document No. 18), petitioner's Objection to Report and Recommendation (Document No. 25, filed September 23, 2009) Petitioner's Motion for Relief From Order of September 16, 2009 (Document Nos. 26 and 27, filed September 25, 2009), the Memorandum in Support of Motion for Relief (Document No. 28, filed October 7, 2009), and the Supplemental Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells dated March 25, 2010 (Document No. 35),*fn1 and the record in this case,

IT IS ORDERED as follows:

1. The Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells dated June 30, 2009, and the Supplemental Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells dated March 25, 2010, are APPROVED and ADOPTED;

2. Petitioner's Objection to the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells dated June 30, 2009, is OVERRULED;

3, Petitioner's Motion for Relief From Order of September 16, 2009, is DENIED AS MOOT;*fn2

4. The Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 filed by petitioner, Gary Wallace, is DENIED and DISMISSED WITHOUT AN EVIDENTIARY HEARING; and,

5. A certificate of appealability WILL NOT ISSUE because reasonable jurists would not debate this Court's rulings. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).

JAN E. DUBOIS, J.


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