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Cohen v. Reitz

United States District Court, E.D. Pennsylvania

May 19, 2014

PAUL A. COHEN, Petitioner,
v.
REITZ; THE DISTRICT ATTORNEY OF THE COUNTY OF BERKS; and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

ORDER

JAMES KNOLL GARDNER, District Judge.

NOW, this 19th day of May, 2014, upon consideration of the following:

(1) Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody ("Petition"), filed by petitioner Paul A. Cohen pro se on September 8, 2011;
(2) Answer to the Petition for Writ of Habeas Corpus, which answer was filed by respondents on February 1, 2012; together with
(A) Memorandum in Support of Commonwealth's Answer to the Petition for Writ of Habeas Corpus;
(3) Report and Recommendation of United States Magistrate Judge Jacob P. Hart filed February 16, 2012; and
(4) [Objections in] Response to the Magistrate's Recommendation ("Objections"), which objections were filed March 5, 2012,

it appearing after review of this matter that Magistrate Judge Hart's Report and Recommendation correctly determined the legal and factual issues presented in the petition for habeas corpus relief,

IT IS ORERED that the objections of petitioner to the Report and Recommendation of Magistrate Judge Hart are overruled.[1]

IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge Hart is approved and adopted.

IT IS FURTHER ORDERED that the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody is dismissed without a hearing.

IT IS FURTHER ORDERED that because petitioner has not met statutory requirements to have his case heard, and no reasonable jurist could find this procedural ruling debatable, and because petitioner fails to demonstrate denial of a constitutional right, a certificate of appealability is denied.

IT IS FURTHER ORDERED that the Clerk of Court shall mark this matter closed for statistical purposes.


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