United States District Court, E.D. Pennsylvania
October 6, 2014
JIMMY SAGET, Petitioner,
TABB BICKELL, et al., Respondents.
CYNTHIA M. RUFE, District Judge.
AND NOW, this 6th day of October 2014, upon careful and independent consideration of the Petition for Writ of Habeas Corpus and all memoranda and exhibits in support of habeas corpus, the Respondents' response thereto, and Petitioner's reply, the state court record, and upon review of the Report and Recommendation ("R & R") of United States Magistrate Judge Elizabeth T. Hey [Doc. No. 39], and Petitioner's objections thereto, and for the reasons set forth in the thorough and well-reasoned R & R, it is hereby ORDERED that:
1. Petitioner's objections are OVERRULED;
2. The R & R [Doc. No. 25] is APPROVED and ADOPTED for the reasons set forth therein;
3. The Petition for Writ of Habeas Corpus by a Person in State Custody is DENIED AND DISMISSED WITHOUT AN EVIDENTIARY HEARING; and
4. There is no probable cause to issue a certificate of appealablity.
It is further ORDERED that:
1. Petitioner's Motion for Discovery [Doc. No. 6] is DENIED for the reasons set forth in the R & R.
2. Petitioner's Motion for an Evidentiary Hearing [Doc. No. 5] is DENIED for the reasons set forth in the R & R;
3. Petitioner's Application for Appointment of Counsel [Doc. No. 38] is DENIED for the reasons set forth in the R & R.
The Clerk of Court is DIRECTED to remove this case from civil suspense and to mark this case closed.
It is so ORDERED.