JOHNSON v. RYAN

Filing 52

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 10/7/15. 10/7/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PERCY THOMAS JOHNSON,
Petitioner,

CIVIL ACTION
NO. 89-2999

v.
JOHN M. RYAN, et al.,
Respondents.
ORDER

AND NOW, this 6th day of October 2015, upon consideration of Petitioner’s pro se
Petition for Writ of Habeas Corpus (Doc. No. 32), Respondents’ Answer Regarding Timeliness
of Petition for Writ of Habeas Corpus (Doc. No. 42), Petitioner’s Response to Respondents’
Reply (Doc. No. 44), the Report and Recommendation filed by United States Magistrate Judge
Thomas J. Rueter (Doc. No. 45), and Petitioner’s Objections to the Magistrate Judge’s Report
and Recommendation (Doc. No. 49), it is hereby ORDERED that:
1. The Report and Recommendation (Doc. No. 45) is APPROVED and ADOPTED.
2. The Petition for a Writ of Habeas Corpus (Doc. No. 32) is DENIED.
3. A certificate of appealability SHALL NOT issue, in that the Petitioner has not made
a substantial showing of the denial of a constitutional right nor demonstrated that
reasonable jurists would debate the correctness of this ruling. See 28 U.S.C. §
2253(c)(2); Slack v. McDaniel, 529 U.S. 473 (2000).
4. The Clerk of Court shall mark this case CLOSED for statistical purposes.
BY THE COURT:

/ s/ J oel H. S l om sk y
JOEL H. SLOMSKY, J.