CHAPPELL v. FOLINO et al

Filing 12

ORDER THAT MAGISTRATE JUDGE STRAWBRIDGES REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. IT IS FURTHER ORDERED THAT PETITIONERS OBJECTIONS TO MAGISTRATE JUDGE STRAWBRIDGES REPORT AND RECOMMENDATION ARE OVERRULED. IT IS FURTHER ORDERED THAT THE PRO SE PETITION FOR HABEAS CORPUS RELIEF IS DENIED WITHOUT A HEARING. IT IS FURTHER ORDERED THAT BECAUSE PETITIONER FAILS TO DEMONSTRATE DENIAL OF A CONSTITUTIONAL RIGHT, A CERTIFICATE OF APPEALABILITY IS DENIED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS MATTER CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 5/18/09. 5/20/09 ENTERED AND COPIES MAILED, E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DERRICK CHAPPELL, Petitioner vs. LOUIS FOLINO, THE DISTRICT ATTORNEY OF THE COUNTY OF DELAWARE and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents ) ) Civil Action ) No. 06-CV-03713 ) ) ) ) ) ) ) ) ) ) ORDER NOW, this 18th day of May, 2009, upon consideration of the pro se Petition for Writ of Habeas Corpus, which petition was filed on August 18, 2006; upon consideration of the Answer to Petition Seeking Writ of Habeas Corpus, which answer was filed November 21, 2006; upon consideration of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge filed April 27, 2007; upon consideration of Petitioner's Written Objections to Magistrate Judge's Report and Recommendation, which objections were filed on June 7, 2007; upon consideration of Petitioner's Addendum to Petition for Writ of Habeas Corpus, which addendum was filed May 22, 2008; it appearing that petitioner's objections to Magistrate Judge Strawbridge's Report and Recommendation are a restatement of the issues raised in his underlying petition for habeas corpus relief and are without merit; it further appearing after de novo review of this matter that Magistrate Judge Strawbridge's Report and

Recommendation correctly determined the legal and factual issues presented in the petition for habeas corpus relief, IT IS ORDERED that Magistrate Judge Strawbridge's Report and Recommendation is approved and adopted. IT IS FURTHER ORDERED that petitioner's objections to Magistrate Judge Strawbridge's Report and Recommendation are overruled.1 IT IS FURTHER ORDERED that the pro se petition for habeas corpus relief is denied without a hearing. IT IS FURTHER ORDERED that because petitioner fails to demonstrate denial of a constitutional right, a certificate of appealability is denied.

1. W h e n objections are filed to a magistrate judge's report and r e c o m m e n d a t i o n , I am required to make a de novo determination of those p o r t i o n s of the report, findings or recommendations made by the magistrate j u d g e to which there are objections. 28 U.S.C. § 636(b)(1); Rule 72.1(IV)(b) o f the Rules of Civil Procedure for the United States District Court for the E a s t e r n District of Pennsylvania. Furthermore, district judges have wide l a t i t u d e regarding how they treat recommendations of the magistrate judge. See United States v. Raddatz, 447 U.S. 667, 100 S.Ct. 2406, 65 L.Ed.2d 424 ( 1 9 8 0 ) . Indeed, by providing for a de novo determination, rather than a de n o v o hearing, Congress intended to permit a district judge, in the exercise of t h e court's sound discretion, the option of placing whatever reliance the c o u r t chooses to place on the magistrate judge's proposed findings and c o n c l u s i o n s . I may accept, reject or modify, in whole or in part any of the f i n d i n g s or recommendations made by the magistrate judge. Raddatz, supra. As noted above, I conclude that petitioner's objections to M a g i s t r a t e Judge Strawbridge's Report and Recommendation are nothing more than a restatement of the underlying claims contained in his petition for habeas c o r p u s . Moreover, upon review of the Report and Recommendation, together with d e novo review of this matter, I conclude that the Report and Recommendation c o r r e c t l y determines the legal issues raised by petitioner. A c c o r d i n g l y , I approve and adopt Magistrate Judge Strawbridge's R e p o r t and Recommendation and overrule petitioner's objections to the Report a n d Recommendation.

-2-

IT IS FURTHER ORDERED that the Clerk of Court shall mark this matter closed for statistical purposes.

BY THE COURT:

/s/ JAMES KNOLL GARDNER James Knoll Gardner United States District Judge

-3-