United States District Court, E.D. Pennsylvania
March 11, 2015
AKIMO MOORE, Petitioner,
BRIAN COLEMAN, et al., Respondents.
CYNTHIA M. RUFE, District Judge.
AND NOW, this 11th day of March 2015, upon careful and independent consideration of the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 and Petitioner's Motion for Stay and Abeyance [Doc. No. 11], all memoranda and exhibits in support of habeas corpus, the Respondents' response thereto, and Petitioner's reply, and the entire record in this case, and upon review of the Report and Recommendation ("R&R") of United States Magistrate Judge Lynne A. Sitarski [Doc. No. 14], which recommends denying both the Motion for Stay and Abeyance and the Petition, and having reviewed de novo the procedural issue on which Petitioner objected, 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 is APPROVED and ADOPTED for the reasons set forth therein;
3. The Motion for Stay and Abeyance is DENIED;
4. The Petition for Writ of Habeas Corpus by a Person in State Custody is DENIED AND DISMISSED WITHOUT AN EVIDENTIARY HEARING;
5. A Certificate of Appealability SHALL NOT ISSUE.
The Clerk of Court is directed to CLOSE this case.
It is so ORDERED.