STEWART v. COLEMAN et al

Filing 18

ORDER THAT FOR THE REASONS SET FORTH ABOVE, THE PETITION IS DISMISSED WITH PREJUDICE AND WITHOUT HEARING. IT IS FURTHERE ORDERED THAT NO CERTIFICATE OF APPEALABILITY WILL BE ISSUED BECAUSE PETITIONER HAS FAILED TO MAKE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT. THE CLERK OF COURT IS HEREBY DIRECTED TO CLSO THIS CASE STATISTICALLY. SIGNED BY HONORABLE LOWELL A. REED, JR ON 4/22/09. 4/22/09 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND COUNSEL. (jpd)

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA R A Y M O N D LOUIS STEWART v. B R IA N V. COLEMAN, et al. : : : : : C IV IL ACTION

N o . 08-5477

ORDER A N D NOW, this 21 st day of April, 2009, upon consideration of the Petition for W rit of Habeas Corpus and the response thereto (Doc. Nos. 1, 14), it is hereby O R D E R E D that for the reasons set forth above, the Petition is DISMISSED with p r e ju d ic e and without a hearing. I T IS FURTHER ORDERED that no certificate of appealability will be issued p u rs u a n t to 28 U.S.C. § 2253 because petitioner has failed to make a substantial showing o f denial of a constitutional right. The Clerk of Court is hereby directed to mark this case closed.

s/Lowell A. Reed, Jr. LOWELL A. REED, JR., Sr. J.