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HOUSEHOLDER v. GILMORE
2:20-cv-01115
W.D. Pa.
Apr 22, 2022
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Case Information

*1 Case 2:20-cv-01115-AJS-LPL Document 27 Filed 04/22/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JAMES R. HOUSEHOLDER , JR.,

Petitioner, 20cv1115 ELECTRONICALLY FILED v.

S.P.T. ROBERT GILMORE, JOSH

SHAPIRO Attorney General of the State of

Pennsylvania ,

Respondents.

ORDER OF COURT

On July 24, 2020, Petitioner James Householder, Jr. filed a Petition under 28 U.S.C.

§ 2254 for Writ of Habeas Corpus. (Doc. 1). This matter was referred to United States Magistrate Judge Lisa Pupo Lenihan for proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636, and Local Civil Rule 72.

On March 16, 2022, Magistrate Judge Lenihan filed a thorough Report and Recommendation, recommending that the Petition for Writ of Habeas Corpus be denied, and that a certificate of appealability be denied. (Doc. 21).

Petitioner was notified that pursuant to 28 U.S.C. § 636(b)(1) he had fourteen days to file written objections to the Report and Recommendation. ( Id .). Petitioner timely filed Objections on March 29, 2022. [1] (Doc. 22).

After de novo review of the Record in this matter, Magistrate Judge Lenihan’s Report and Recommendation (Doc. 21), and Petitioner’s Objections to Magistrate Judge Lenihan’s Report *2 Case 2:20-cv-01115-AJS-LPL Document 27 Filed 04/22/22 Page 2 of 2 and Recommendation (Doc. 22), which the Court finds are meritless, the Court ORDERS that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) is DENIED, and no certificate of appealability is issued.

It is further ORDERED that the March 6, 2022 Report and Recommendation (Doc. 21) is adopted as the Opinion of the Court.

The Clerk of Court shall mark this case closed.

SO ORDERED this 22 nd day of April, 2022. s/Arthur J. Schwab Arthur J. Schwab United States District Judge cc: U.S. Magistrate Judge Lisa Pupo Lenihan

James R. Householder, Jr.

LW-2687

SCI-Greene

175 Progress Drive

Waynesburg, PA 15370

All ECF Registered Counsel of Record

2

[1] Petitioner also filed a Notice of Appeal of the Magistrate Judge’s Report and Recommendation on March 27, 2022 (Doc. 24), which divested this Court of jurisdiction to issue this Order of Court until April 21, 2022, when the United States Court of Appeals for the Third Circuit issued an Order dismissing Petitioner’s appeal pursuant to Fed. R. App. 42(b). (Doc. 26).

Case Details

Case Name: HOUSEHOLDER v. GILMORE
Court Name: District Court, W.D. Pennsylvania
Date Published: Apr 22, 2022
Docket Number: 2:20-cv-01115
Court Abbreviation: W.D. Pa.
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