LOGAN v. ALLEGHENY COUNTY DISTRICT ATTORNEY OFFICE et al
| NICK LOGAN |
| ALLEGHENY COUNTY DISTRICT ATTORNEY OFFICE and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2017cv00910 |
| July 10, 2017 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Huntingdon |
| Robert C. Mitchell |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
26
MEMORANDUM OPINION - On December 12, 2017, 21 Report and Report and Recommendation was filed by the United States Magistrate Judge recommending that this court grant the motion to dismiss, and deny the other motions as moot. The petitioner file d 22 objections to the R&R. On February 20, 2018, by 23 Memorandum Opinion, this court adopted the R&R, and issued an order granting respondents' motion, and dismissing as moot petitioner's remaining motions 25 . That same day, this co urt entered final judgment in this matter pursuant to Rule 58 of the Rules of Federal Procedure.In adopting the R&R, this court agreed with the determination of the Magistrate Judge that, although petitioner is presently incarcerated, he is not " ;in custody" on a sentence related to the 1992 convictions and is, therefore, ineligible for habeas corpus relief with respect to those cases. See 28 U.S.C.A. § 2254 (a). Via the order dated February 20, 2018, Petitioner was notified of h is appellate rights pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure. Neither the Order nor the R&R addressed the appealability of this matter. Section 2253(c)(1)(A) of the United States Code provides that an appeal may not be t aken from a final order in a habeas proceeding in which the detention complained of arises out of process issued by a state court unless a certificate of appealability has been issued. A certificate of appealability should be issued only when a peti tioner has made a substantial showing of a denial of a constitutional right. 28 U.S.C. § 2253(c)(2). Because petitioner has not made such a showing, a certificate of appealability is denied. An appropriate order follows. Signed by Chief Judge Joy Flowers Conti on 3/19/2018. (smc)
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Filing
24
ORDER for the reasons set forth in the accompanying opinion granting 16 Motion to Dismiss; denying as moot 18 Motion to Appoint Counsel; denying as moot 20 Motion for Discovery; adopting Report and Recommendation 21 . An appropriate judgment will be entered. The Clerk shall mark this case closed. Signed by Chief Judge Joy Flowers Conti on 2/20/2018. (kjm)
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