K.A. et al v. UPPER PERKIOMEN SCHOOL DISTRICT et al

Filing 32

ORDER THAT THE REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE ARNOLD C. RAPOPORT IS APPROVE AND ADOPTED; THE PETITION UNDER 28 USC, SECTION 2254 FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED WITH PREJUDICE WITHOUT AN EVIDENTIARY HEARING; A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE, ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/10/12. 8/13/12 ENTERED AND COPIES E-MAILED TO COUNSEL.(FILED IN ERROR)

IN THE UNITED STATES DISTRICT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JEFFREY MARTEN,

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Petitioner,
v.

SUPERINTENDANT D. SAUERS,
THE DISTRICT ATTORNEY FOR THE
COUNTY OF PHILADELPHIA, and
THE ATTORNEY GENERAL FOR THE
STATE OF PENNSYLVANIA,
Respondents.

CIVIL ACTION

No. 11-2610

ORDER
AND NOW, this 10th day of August, 2012, upon consideration of the Petition Under 28 U.S.C..
§ 2254 for Writ of Habeas Corpus filed by petitioner Jeffrey Marten (Document No. 1, filed April 29, 2011),
and the related submissions of the parties, and the record in this case, and after review of the Report and
Recommendation of United States Magistrate Judge Arnold C. Rapoport dated July 13, 2012, no objections
having been filed, IT IS ORDERED as follows:
1. The Report and Recommendation of United States Magistrate Judge Arnold C. Rapoport dated
July 13, 2012, is APPROVED and ADOPTED;
2. The petition Under 28 U.S.C.. § 2254 for Writ of Habeas Corpus filed by petitioner Jeffrey
Marten is DENIED AND DISMISSED WITH PREJUDICE without an evidentiary hearing;
3. A certificate of appealability will not issue because reasonable jurists would not debate whether
the petition states a valid claim of the denial of a constitutional right or this Court’s procedural rulings with
respect to petitioner’s claims. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).

BY THE COURT:
/s/ Jan E. DuBois
______________________________
JAN E. DUBOIS, J.