Tepper v. Smith

Full title: FRANK TEPPER, Petitioner, v. BARRY SMITH et al., Respondents.

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

Date published: Jan 25, 2024

Civil Action 21-387 (E.D. Pa. Jan. 25, 2024)

Opinion

Civil Action 21-387

01-25-2024

FRANK TEPPER, Petitioner, v. BARRY SMITH et al., Respondents.

JEFFREY L. SCHMEHL, J.

ORDER

JEFFREY L. SCHMEHL, J.

AND NOW, this 25th day of January, 2024, upon consideration of Petitioner Frank Tepper's Petition for Writ of Habeas Corpus (ECF No. 1), the Report and Recommendation of U.S. Magistrate Judge Carol Sandra Moore Wells (ECF No. 31), and the parties' objections and responses thereto, it is hereby ORDERED as follows:

1. The Report and Recommendation is ADOPTED IN PART AND REJECTED IN PART for the reasons set forth in the accompanying memorandum;

2. Mr. Tepper's Petition for Writ of Habeas Corpus is DENIED, and a certificate of appealability shall not issue;

3. Mr. Tepper's pending motions (ECF Nos. 34-37, 39, 41-42) are DENIED AS MOOT; and

4. The Clerk of Court shall close this case.