HALL v. DEPARTMENT OF CORRECTIONS, et al

Filing 18

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED AND DENIED WITHOUT AN EVIDENTIARY HEARING AND PETITIONER HAS NEITHER SHOWN A DENIAL OF A CONSTITUTIONAL RIGHT NOR ESTABLISHED THAT A REASONABLE JURIST WOULD DISAGREE WITH THIS COURT'S PROCEDURAL AND SUBSTANTIVE DISPOSITIONS OF HIS CLAIMS. CONSEQUENTLY A CERTIFICATE OF APPEALABILITY IS DENIED. SIGNED BY HONORABLE ROBERT F. KELLY ON 8/6/12. 8/6/12 ENTERED AND COPIES MAILED TO PRO SE PETTIONER. (jpd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION JAMES R. HALL, Petitioner v. DEPARTMENT OF CORRECTIONS, et al., Respondents NO. 12-169 ORDER AND NOW, this {p !,{( day of ~. , 2012, upon consideration of the Petition for Writ ofHabeas Corpus and the exhibits attached thereto, the Commonwealth's Response and the exhibits attached thereto, the other documents filed by the parties and after review of the Report and Recommendation of Chief United States Magistrate Judge Carol Sandra Moore Wells, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The Petition for Writ of Habeas Corpus is DISMISSED and DENIED without an evidentiary hearing; and 3. Petitioner has neither shown a denial of a constitutional right, nor established that reasonable jurists would disagree with this court's procedural and substantive dispositions of his claims. Consequently, a certificate of appealability is DENIED. IT IS SO ORDERED. BY THE COURT: ~L~~-~

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