HAWKINS v. BICKEL et al

Filing 19

ORDER adopting Report and Recommendation 17 as the opinion of this Court; that the Court finds the objections without merit, the petition for writ of habeas corpus filed by the petitioner 7 is dismissed and because reasonable jurist could not co nclude that a basis for appeal exists, a certificate of appealability is denied; that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. Signed by Judge Nora Barry Fischer on 7/2/13. (jg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ROBERT HAWKINS, Petitioner, vs. TABB BICKEL; and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 11-1217 Judge Nora Barry Fischer/ Magistrate Judge Maureen P. Kelly ORDER AND NOW, this 2nd day of July , 2013, after the Petitioner, Robert Hawkins, filed a petition for a writ of habeas corpus, and after a Report and Recommendation was filed by the United States Magistrate Judge (Docket No. 17) granting the parties until July 1, 2013, to file written objections thereto, and upon consideration of the objections filed by the petitioner (Docket No. 18) and upon independent review of the record, and upon consideration of the Magistrate Judge=s Report and Recommendation, which is adopted as the opinion of this Court, IT IS HEREBY ORDERED that the Court finds the objections without merit, the petition for writ of habeas corpus filed by the petitioner (Docket No. 7) is dismissed and because reasonable jurist could not conclude that a basis for appeal exists, a certificate of appealability is DENIED. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. s/Nora Barry Fischer United States District Judge cc: Honorable Maureen P. Kelly United States Magistrate Judge ROBERT HAWKINS GU-9603 SCI Huntingdon 1100 Pike Street Huntingdon, PA 16654-1112 All Counsel of Record by electronic filing

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