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Ferguson v. Diguglielmo

United States District Court, W.D. Pennsylvania

August 6, 2014

ANTONIO D. FERGUSON, Petitioner,
v.
SUPERINTENDENT DAVID DIGUGLIELMO, ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, and DISTRICT ATTORNEY OF THE COUNTY OF ERIE, BRADLEY H. FOULK, Respondents.

MEMORANDUM ORDER

MAURICE B. COHILL, District Judge.

AND NOW, this 6th day of August, 2014, after Petitioner having filed a "Motion for Relation Back to Amendments" on July 8, 2014 (ECF No. 29), which the Magistrate Judge appropriately construed as a Motion for Relief from Judgment pursuant to Federal Rule of Civil Procedure 60(b); and after the Magistrate Judge filed a Report and Recommendation on July 9, 2014 (ECF No. 30), recommending that the Motion for Relief from Judgment be denied; and after Petitioner filed objections to the Report and Recommendation on July 21, 2014 (ECF No. 31); and upon consideration of Petitioner's objections, the Report and Recommendation and an independent review of the record;

IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 30) is ADOPTED as the Opinion of this Court.

IT IS FURTHER ORDERED that, for the reasons set forth in the Report and Recommendation, the Motion for Relief from Judgment (ECF No. 29) is DENIED.

IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.

AND IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order then a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.


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