SMITH v. BICKELL et al

Filing 24

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS COPRUS IS DISMISSED WITHOUT AN EVIDENTIARY HEARING. A CERTIFICATE OF APPEALABILITY SHOULD NOT ISSUE, ETC. THE CLERK OF COURT SHALL CLOSE THIS CASE FOR ALL PURPOSES, INCLUDING STATISTICS.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 10/15/12. 10/17/12 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL.(lvj, )

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

GREGORY SMITH,
Petitioner,

NO. 11-5144

v.
TABB BICKELL, et al.,
Respondents.
ORDER
AND NOW, this 15th day of October, 2012, upon consideration ofthe Petition for
Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254; the thoughtful and well-prepared
Report and Recommendation by U.S. Magistrate Judge Arnold C. Rapoport, and Petitioner's
Objections thereto, it is hereby ORDERED that:
1.

The Report and Recommendation is APPROVED and ADOPTED.

2.

The Petition for Writ of Habeas Corpus is DISMISSED without an evidentiary
hearing.

3.

A certificate of appealability should not issue because Petitioner has failed to
show that a reasonable jurist could conclude that the Court is incorrect in
dismissing the Petition.

4.

The Clerk of Court shall close this case for all purposes, including statistics.