EISEN v. HORN, et al
| ERIC I. EISEN |
| MARTIN HORN and RAYMOND SOBINA |
| 2:1999cv01624 |
| September 2, 2009 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Amy Reynolds Hay |
| Gary L. Lancaster |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
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Filing
65
MEMORANDUM ORDER denying 59 Amended Motion for Relief from Report and Recommendation of Magistrate Judge, purportedly filed pursuant to Fed.R.Civ.P. 60(b); 63 Report and Recommendation, as augmented by this memorandum order is adopted as the opin ion of the Court; Any pending motions are denied as moot; Petitioner advised that he has the right to file a notice of appeal within 30 days and that the denial of a certificate of appealability does not prevent him from doing so, as long as he also seeks a certificate of appealability from the Court of Appeals. Signed by Judge Gary L. Lancaster on 9/22/09. (map)
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Filing
63
REPORT AND RECOMMENDATION that 59 Rule 60(b) motion be denied and that a certificate of appealability be denied. Alternatively, should the district court determine that the Rule 60(b) motion should be granted and the case reopened, it is respectfully recommended that the Motion to Introduce Evidence be denied on the merits and that a certificate of appealability be denied. Objections to R&R due by 9/21/2009. Signed by Chief U.S. Magistrate Judge Amy Reynolds Hay on 9/2/2009. (dgg)
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