BARROS v. BEARD et al

Filing 25

ORDER THAT THE PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE DENIED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED; THER IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 9/8/09. 9/8/09 ENTERED AND COPIES E-MAILED.(jpd)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CESAR BARROS, Petitioner, v. JEFFREY BEARD, Respondent. : : : : : : : : : CIVIL ACTION NO. 07-1300

ORDER AND NOW, this 4th day of September 2009, upon consideration of the Report and Recommendation of United States Federal Magistrate Judge Linda K. Caracappa (doc. no. 20), petitioner's objections (doc. no. 21), and the Government's response thereto (doc. no. 23) it is hereby ORDERED that: 1. Petitioner's objections to the Report and Recommendation (doc. no. 21) are OVERRULED; 2. The Report and Recommendation is APPROVED and ADOPTED; 3. The Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, (doc. no. 1) is DENIED and DISMISSED; 4. There is no probable cause to issue a Certificate of Appealability.1

A prisoner seeking a certificate of appealability must demonstrate "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). "A petitioner

1

AND IT IS SO ORDERED. /s/Eduardo C. Robreno EDUARDO C. ROBRENO, J.

satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 327 (2003). No basis for a certificate of appealability exists in this case, as the petitioner is unable to meet this standard. -2-