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Fitzpatrick v. Walsh

United States District Court, E.D. Pennsylvania

October 14, 2014

TERRANCE FITZPATRICK, Petitioner,
v.
JEROME WALSH, Superintendent, PA STATE ATTORNEY GENERAL, and NORTHAMPTON COUNTY DISTRICT ATTORNEY'S OFFICE, Respondents.

ORDER

JAN E. DUBOIS, District Judge.

AND NOW, this 10th day of October, 2014, upon consideration of Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by pro se petitioner, Terrance Fitzpatrick, the record in this case, the Report and Recommendation of United States Magistrate Judge M. Faith Angell dated September 15, 2014, and pro se petitioner's Objection to Report and Recommendation, IT IS ORDERED as follows:

1. The Report and Recommendation of United States Magistrate Judge M. Faith Angell dated September 15, 2014, is APPROVED AND ADOPTED;

2. The Objection to Report and Recommendation filed by pro se petitioner, Terrance Fitzpatrick is OVERRULED for the reasons stated by Magistrate Judge Angell in the Report and Recommendation dated September 15, 2014;

3. The Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by pro se petitioner, Terrance Fitzpatrick, is DISMISSED; and,

4. A certificate of appealability will not issue because reasonable jurists would not debate the propriety of this Court's procedural rulings with respect to petitioner's claims. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).


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