Opinion
Civil Action No. 15-94 Erie
02-15-2017
BURCH, Petitioner, v. KERESTES, ET AL., Respondents.
ORDER ADOPTING THE REPORT AND RECOMMENDATION
The Magistrate Judge issued a Report and Recommendation in this matter (Dkt. No. 24), recommending that Respondents' Motion to Dismiss be granted, that each of Petitioner's claims be dismissed with prejudice, and that a certificate of appealability be denied. After reviewing the Report and Recommendation, the record, and all other materials before the Court, and no objection being filed, it is hereby ordered that:
(1) The Report and Recommendation is ADOPTED;
(2) Respondents' Motion to Dismiss (Dkt. No. 17) is GRANTED, the Petition for Writ of Habeas Corpus is DISMISSED with PREJUDICE, and a Certificate of Appealability is DENIED; and
(3) The Clerk of the Court shall send copies of this Order to Petitioner.
IT IS SO ORDERED.
DATED this 15th day of February, 2017.
/s/_________
BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE