RICKS v. COMMONWEALTH OF PENNSYLVANIA BOARD OF PROBATION AND PAROLE et al

Filing 12

ORDER AS FOLLOWS: THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED, AND THE HABEAS PETITION IS DISMISSED WITHOUT AN EVIDENTIARY HEARING AND NO CERTIFICATE OF APPEALABILITY SHALL BE ISSUED. IT IS FURTHER ORDERED THAT PETITIONER'S MOTION FOR RECONSIDERATION IS DENIED. IT IS FURTHER ORDERED THAT THE CLERK OF THE COURT SHALL MARK THE ABOVE-CAPTIONED CASE AS CLOSED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 1/14/09. 1/14/09 ENTERED AND COPIES MAILED AND E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ALFONSO RICKS, Petitioner, v. COMMONWEALTH OF PENNSYLVANIA BOARD OF PROBATION AND PAROLE, ET AL., Respondents. : : : : : : : : :

CIVIL ACTION NO. 08-3182

ORDER AND NOW, this ____ day of January, 2009, upon careful and independent consideration of the Petition for Writ of Habeas Corpus, and the Government's Response, the other documents filed by the parties, and after review of the Report and Recommendation of United States Magistrate Thomas J. Rueter (Doc. 10), IT IS HEREBY ORDERED and DECREED as follows: 1. 2. The Report and Recommendation is APPROVED and ADOPTED, and The habeas petition is DISMISSED without an evidentiary hearing and no certificate of appealability shall be issued. IT IS FURTHER ORDERED that Petitioner's Motion for Reconsideration (Doc. 11) is DENIED. IT IS FURTHER ORDERED that the Clerk of the Court shall mark the above-captioned case as CLOSED.

BY THE COURT: /s/ Petrese B. Tucker Honorable Petrese B. Tucker, U.S.D.J.