Fitzgerald v. Garman

Full title: TYRONE FITZGERALD, Petitioner, v. MARK GARMAN, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Date published: Aug 19, 2019

Civ. No. 17-4837 (E.D. Pa. Aug. 19, 2019)

Opinion

Civ. No. 17-4837

08-19-2019

TYRONE FITZGERALD, Petitioner, v. MARK GARMAN, Respondent.

Paul S. Diamond, J.

JUDGMENT

AND NOW, this 19th day of August, 2019, upon careful and independent consideration of Tyrone Fitzgerald's pro se Petition for Writ of Habeas Corpus (Doc. No. 1), the Commonwealth's Response to Petition (Doc. No. 15), Judge Sitarkski's Report and Recommendation (Doc. No. 20), Fitzgerald's Objections (Doc. No. 26), and available state court records, it is hereby ORDERED that:

1. The Report and Recommendation (Doc. No. 20) is APPROVED and ADOPTED;

2. Fitzgerald's Objections (Doc. No. 26) are OVERRULED;

3. The Petition for Writ of Habeas Corpus (Doc. No. 1) is DISMISSED with prejudice;

4. A Certificate of Appealability shall NOT ISSUE. See 28 U.S.C. § 2253(c)(1)(A); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and

5. The CLERK OF COURT shall CLOSE this case.

AND IT IS SO ORDERED.

/s/ Paul S . Diamond

Paul S. Diamond, J.