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BISHOP v. COMMONWEALTH OF PENNSYLVANI D.A. JOHN PECK et al

Doc. 14

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

IAN A. BISHOP, FN-8952, Petitioner, v. COMM. OF PENNSYLVANIA, et al., Respondents.

) ) ) ) 2:10-cv-465 ) ) )

MEMORANDUM and ORDER Mitchell, M.J.: Ian A. Bishop has presented a petition for a writ of habeas corpus. For the reasons set forth below, the petition will be dismissed and because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability will be denied. Bishop is presently incarcerated at the State Correctional Institution at Cresson serving a 20 to 40 year sentence imposed following his conviction by a jury of third degree murder and criminal conspiracy at No 2292 of 2002 in the Court of Common Pleas of Westmoreland County, Pennsylvania. This sentence was imposed on October 30, 2003.1 An appeal was taken to the Superior Court in which the issues presented were: A. Did the lower court err relative to decertification of the Defendant as a juvenile? B. Did the lower court err [in] not recusing? C. Did the lower court err in prohibiting cross examination of Commonwealth witnesses relating to drug activity which proposed questioning was proper for purposes of credibility?
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