Harvey v. Rivello

Full title: SEAN HARVEY v. JOHN RIVELLO, et al.

Court: United States District Court, E.D. Pennsylvania

Date published: Jan 6, 2022

Civil Action 17-189 (E.D. Pa. Jan. 6, 2022)

Opinion

Civil Action 17-189

01-06-2022

SEAN HARVEY v. JOHN RIVELLO, et al.

GERALD AUSTIN MCHUGH UNITED STATES DISTRICT JUDGE

ORDER

GERALD AUSTIN MCHUGH UNITED STATES DISTRICT JUDGE

This 6^th day of January, 2022, following careful and independent review of the petition for Writ of Habeas Corpus and after review of the Report and Recommendation of United States

Magistrate Judge Elizabeth T. Hey (ECF 45), ¹ it is ORDERED that:

1 Petitioner has not filed any objections to the Report and Recommendation despite being granted two extensions of time for filing. He was first granted an extension after his counsel, highly experienced in the litigation of habeas petitions, withdrew after determining that there was no non-frivolous basis on which to lodge objections to the Magistrate Judge's report. ECF 46, 47. Petitioner was granted a second extension after obtaining new counsel, but has failed to file any objections. ECF 49, 51.

1. The Report and Recommendation is APPROVED and ADOPTED.

2. The petition for Writ of Habeas Corpus is DENIED.

3. There is no basis for the issuance of a certificate of appealability.

4. The Clerk of the Court shall mark this case closed for statistical purposes.