United States District Court, W.D. Pennsylvania
March 26, 2014
KEVIN RICHARD KIMBERLY, Petitioner,
SUPERINTENDENT NANCY GIROUX, et al., Respondents.
ARTHUR J. SEHWAB, District Judge.
AND NOW, this 26th day of March, 2014, after the petitioner, Kevin Richard Kimberly, filed a petition for a writ of habeas corpus, and after a Report and Recommendation was filed by he United States Magistrate Judge granting the parties a period of time after being served with a copy to file written objections thereto, and no objections having been filed, and upon independent review of the petition and the record and upon consideration of the Magistrate Judge's Report and Recommendation on (ECF No. 18), which is adopted as the opinion of this Court,
IT IS ORDERED that the petition for a writ of habeas corpus filed by petitioner (ECF No.6) is dismissed and, because reasonable jurists could not conclude that a basis for appeal exists, 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 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.