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17-1489 - DRAKE v. COURT OF COMMON PLEA OF WASHINGTON COUNTY, PA et al


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17-1489 - DRAKE v. COURT OF COMMON PLEA OF WASHINGTON COUNTY, PA et al
January 30, 2018
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REPORT AND RECOMMENDATION recommending that ECF No. 1 be treated as a Petition for Writ of Habeas Corpus filed by DEANTE DRAKE, and that pursuant to Rule 4, the Petition be dismissed pre-service. A certificate of appealability should be denied. Objections to R&R for Unregistered ECF Users due by 2/16/2018. Signed by Chief Magistrate Judge Maureen P. Kelly on 1/30/2018. A copy of the Report together with this Notice of Electronic Filing are being sent to Petitioner via first class mail to his address of record. (tmr)
February 26, 2018
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ORDER indicating that after de novo review of the filings in this case, and upon consideration of the Chief Magistrate Judges Report and Recommendation 4, which is adopted as the opinion of this Court; that the petition for writ of habeas corpus is denied, and a Certificate of Appealability is denied; Petitioner's Motion for Leave to Amend is denied as futile. The Clerk of Court shall mark this case closed; that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. Signed by Judge Nora Barry Fischer on 2/26/18. (Attachments: # (1) Attachment 1, # (2) Attachment 2) (jg)