Opinion
Civil Action No. 18-1649
05-22-2019
Magistrate Judge Robert C. Mitchell MEMORANDUM ORDER
This case has been referred to United States Magistrate Judge Robert C. Mitchell for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Local Rule of Civil Procedure 72.
On January 9, 2019, the Magistrate Judge issued a Report (Doc. 5) recommending that Raymel Addison's 2254-habeas Petition be dismissed, and that a certificate of appealability be denied. Service of the Report and Recommendation ("R&R") was made, and Petitioner filed Objections. See Doc. 9.
On March 25, 2019, the Magistrate Judge issued a Supplemental R&R (Doc. 10) addressing the substance of Petitioner's Objections; and reiterating that the Petition should be dismissed and a certificate of appealability be denied. On March 29, 2019, Petitioner filed a "Supplement" to his 2254-Petition (Doc. 11), the content of which the District Court has considered, as the functional-equivalent of timely-stated objections to the Supplemental R&R.
After a de novo review of the pleadings and documents in the case, together with the R&R, the Supplemental R&R, and the Objections and "Supplement" thereto, it hereby is ORDERED that Raymel Addison's 2254-habeas Petition is DISMISSED; a certificate of appealability is denied; and the R&R (Doc. 5), as supplemented (Doc. 10), is adopted as the Opinion of the District Court. In light of the foregoing, Petitioner's Motion (Doc. 7) for the appointment of counsel is DENIED AS MOOT.
IT IS SO ORDERED. May 22, 2019
s\Cathy Bissoon
Cathy Bissoon
United States District Judge cc (via First-Class U.S. Mail): Raymel Addison
GN-1646
SCI Fayette
48 Overlook Drive
LaBelle, PA 15450 cc (via ECF email notification): All counsel of record