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Kitcherman v. Lamas

United States District Court, E.D. Pennsylvania

June 18, 2015

RICHARD KITCHERMAN, Petitioner,
v.
WARDEN ROSA LAMAS, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA, and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

ORDER

JAN E. DuBOIS, District Judge.

AND NOW, this 18th day of June, 2015, upon consideration of Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus filed by pro se petitioner, Richard Kitchermen, the record in this case, the Report and Recommendation of United States Magistrate Judge Richard A. Lloret dated May 26, 2015, the Notice of Objections to the Report and Recommendation filed by pro se petitioner, and Memorandum of Law in Support of the Objectives [sic] of the Report and Recommendation filed by pro se petitioner, IT IS ORDERED as follows:

1. The Report and Recommendation of United States Magistrate Judge Richard A. Lloret dated May 26, 2015, is APPROVED and ADOPTED;

2. Objections to the Report and Recommendation filed by pro se petitioner, Richard Kitcherman, are OVERRULED. The issues raised by the Objections were addressed in the Report and Recommendation which the Court has approved and adopted; and,

3. The Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus filed by pro se petitioner, Richard Kitcherman, is DISMISSED and DENIED for the reasons set forth in the Report and Recommendation.

IT IS FURTHER ORDERED that a certificate of appealability will not issue because reasonable jurists would not debate (a) this Court's decision that the petition does not state a valid claim of the denial of a constitutional right, or (b) the propriety of this Court's procedural ruling with respect to petitioner's claim. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).


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