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McKernan v. Palakovich

United States District Court, Eastern District of Pennsylvania

October 22, 2014

PAUL McKERNAN, Petitioner,
v.
JOHN A. PALAKOVICH, et al., Respondents.

ORDER

Norma L. Shapiro J.

AND NOW, this 22nd day of October, 2014, upon consideration of the petition for writ of habeas corpus with supporting exhibits (paper no. 1); response to petition for writ of habeas corpus by respondents with supporting exhibits (paper no. 8); Report and Recommendation of Magistrate Judge Thomas J. Rueter regarding the petition of Paul McKernan (paper no. 14); petitioner’s objections to magistrate judge’s Report and Recommendation (paper no. 25); response to objections to Report and Recommendation by respondents (paper no. 18); petitioner’s counseled amended objections to magistrate judge’s Report and Recommendation with supporting exhibits (papers no. 38, 39, 40); response to amended objections to magistrate judge’s Report and Recommendations (paper no. 43); letter regarding proposed amendments to petition (paper no. 48); the record of petitioner’s case in state court and the evidence presented at the evidentiary hearing held by this court on November 24, 2008; letter regarding evidence of actual innocence from counsel for petitioner (paper no. 51); response to letter regarding evidence of actual innocence by respondents (paper no. 53); reply to response to letter regarding evidence of actual innocence by counsel for petitioner (paper no. 54); correspondence regarding recent decisions (papers no. 55, 56, 57, 58, 59, 60, 61, 62).

It is ORDERED that:

1. Petitioner Paul McKernan’s Petition for Writ of Habeas Corpus is DENIED as to all claims.

2. In accordance with 28 U.S.C. § 2253, a certificate of appealability is GRANTED.


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