SILEO v. ROZUM

Filing 46

ORDER THAT THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE STRAWBRIDGE (DOC. NO. 27) IS APPROVED AND ADOPTED; PETITIONER'S PETITION FOR A WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DENIED; A CERTIFICATE OF APPEALABILITY WILL NOT BE ISSUED; THE CLERK OF COURT SHALL CLOSE THE ABOVE-CAPTIONED CASE FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 11/23/15. 11/24/15 ENTERED AND COPIES E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GUY SILEO, JR.,
Petitioner,

CIVIL ACTION
NO. 12-3803

v.
GERALD L. ROZUM, et al.,
Respondents.
ORDER

AND NOW, this 23rd day of November 2015, upon consideration of the Petition for a
Writ of Habeas Corpus and Memorandum (Doc. No. 1), the Revised Petition with accompanying
exhibits (Doc. No. 3), Respondents’ Response in Opposition (Doc. No. 16), Petitioner’s
amendment of his second claim (Doc. No. 17), Petitioner’s Reply to the Response (Doc. No. 18),
the Magistrate Judge’s Report and Recommendation (Doc. No. 27), Petitioner’s Objections to the
Report and Recommendation (Doc. No. 28), Respondents’ Response in Opposition to
Petitioner’s Objections (Doc. No. 34), the transcript of the hearing held on April 29, 2015 (Doc.
No. 39), Respondents’ Post-Argument Brief in Opposition to Petitioner’s Objections (Doc. No.
42), Petitioner’s Reply to Respondents’ Post-Argument Brief (Doc. No. 43), and the relevant
state court record, and in accordance with the Opinion of the Court issued this day, it is
ORDERED as follows:
1. The Report and Recommendation of Magistrate Judge Strawbridge (Doc. No. 27) is
APPROVED and ADOPTED;
2. Petitioner’s Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED;
3. A certificate of appealability will not be issued because, based on the analysis
contained in Judge Strawbridge’s Report and Recommendation, as approved and
adopted by this Court, and based on the analysis contained in the Opinion of the

Court, a reasonable jurist could not conclude that the Court is incorrect in denying
and dismissing the habeas petition.
4. The Clerk of Court shall close the above-captioned case for statistical purposes.

BY THE COURT:

/ s / J oel H. S l om s k y
JOEL H. SLOMSKY, J.