GIBBS v. DIGUGLIELMO et al

Filing 41

ORDER THAT THE CLERK OF COURT SHALL REMOVE THHIS CASE FROM SUSPENSE AND RETURN IT TO THE ACTIVE DOCKET; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE OBJECTIONS ARE OVERRULED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE AND WITHOUT AN EVIDENTIARY HEARING; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/6/15. 1/7/15 ENTERED AND COPIES E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
TYRONE GIBBS a/k/a TARUM GIBBS :
Petitioner,
:
:
v.
:
CIVIL ACTION NO. 09-4766
:
:
DAVID DIGUGLIELMO, et al.
:
Respondents.
:
ORDER
AND NOW, this 5th day of January 2015, upon careful and independent consideration
of the Petition for Writ of Habeas Corpus, and all related filings, and upon review of the Report
and Recommendation of United States Magistrate Arnold C. Rapoport [Doc. No. 37] and the
objections and responses thereto, it is hereby ORDERED that:
1.

The Clerk is directed to REMOVE the case from Civil Suspense and return it to

the active docket;
2.

The Report and Recommendation is APPROVED and ADOPTED;

3.

The Objections are OVERRULED;

4.

The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE

and without an evidentiary hearing;
5.

There is no probable cause to issue a certificate of appealability; and

6.

The Clerk of Court is directed to CLOSE the case.

It is so ORDERED.
BY THE COURT:
/s/Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.