BIRDSONG v. WETZEL et al

Filing 111

ORDER THAT 1. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; 2. THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED; 3. A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE, AS PETITIONER HAS NOT MADE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT; AND 4. THE CLERK OF THE COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 3/23/22. 3/24/22 ENTERED AND COPIES (NOT MAILED TO PRO SE OR COUNSEL) AND E-MAILED.(er) Modified on 3/24/2022 (er).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RALPH BIRDSONG,
Petitioner,
v.

CIVIL ACTION
NO. 11-4240

JOHN E. WETZEL, et al,
Respondents.
ORDER
AND NOW, this 23rd

day of March, 2022, upon careful and independent

consideration of the parties’ pleadings and briefs and the state court record, and after
review of the Report and Recommendation of the Honorable David R. Strawbridge, as
well as Petitioner’s counseled objections thereto, it is hereby ORDERED as follows:
1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

The Petition for Writ of Habeas Corpus is DISMISSED;

3.

A certificate of appealability shall not issue, as Petitioner has not made a
substantial showing of the denial of a constitutional right; and

4.

The Clerk of the Court shall CLOSE this case.
BY THE COURT:
/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.