GIBSON v. BEARD et al

Filing 89

ORDERTHAT UPON CONSIDERATION OF PETITIONER JEROME GIBSON'S HABEAS PETITION 1 , THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS 76 , PETITIONER'S OBJECTIONS 82 AND FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM, IT IS ORDERED THE PETITIONER'S OBJECTIONS ARE OVERRULED. JUDGE WELL'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PETITIONER'S HABEAS CORPUS IS DISMISSED WITH PREJUDICE AND WITHOUT AN EVIDENTIARY HEARING. WE DECLINE TO ISSUE A CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 2/29/16. 2/29/16 ENTERED AND COPIES MAILED, E-MAILED.(gs)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JEROME GIBSON
v.
JEFFREY BEARD, et al.

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CIVIL ACTION

NO. 10-445

ORDER
AND NOW, this 29th day of February, 2016, upon consideration of petitioner
Jerome Gibson’s habeas petition (docket entry # 1), the Report and Recommendation of the
Honorable Carol Sandra Moore Wells (docket entry #76), and petitioner's objections to the
Report and Recommendation (docket entry #82), and for the reasons set forth in the
accompanying Memorandum, it is hereby ORDERED that:
1.

Petitioner's objections are OVERRULED;

2.

Judge Wells’s Report and Recommendation is APPROVED and

3.

Petitioner's habeas petition (docket entry #1) is DISMISSED WITH

ADOPTED;

PREJUDICE and without an evidentiary hearing;
4.

Because reasonable jurists could not debate whether the petition states a

valid claim for a denial of a constitutional right, Slack v. McDaniel, 529 U.S. 473, 484 (2000),
we DECLINE to issue a certificate of appealability; and
5.

The Clerk of Court shall CLOSE this case statistically.

BY THE COURT:

_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.