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Lanza v. District Attorney of Delaware County

United States District Court, E.D. Pennsylvania

April 7, 2014

ENRICO FABIANO LANZA, Petitioner,
v.
DISTRICT ATTORNEY OF DELAWARE COUNTY, et al., Respondents.

ORDER

CYNTHIA M. RUFE, J., District Judge.

AND NOW, this 7th day of April 2014, upon careful and independent consideration of the prose Petition for Writ of Habeas Corpus [Doc. No. l], the response thereto [Doc. No. 7], and the records presented, and upon review of the Report and Recommendation ("R & R") of Magistrate Judge Rueter [Doc. No. 9] and Petitioner's objections thereto [Doc. No. 13], it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED in part, but contrary to the recommendation set forth therein, the Court reaches the merits of Petitioner's sufficiency of the evidence to support conviction claim;[1]
2. Petitioner's petition for writ of habeas corpus is DENIED;
3. There is no probable cause to issue a certificate of appealability; and
4. The Clerk of Court is directed to CLOSE this case.

It is so ORDERED.


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