MCCLURE v. KERESTES et al

Filing 6

ORDER THAT THE OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE; THERE HAS BEEN NO SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT REQUIRING THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY; THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/1/16. 3/2/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EUGENE MCCLURE
v.
JOHN KERESTES, et al.

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CIVIL ACTION
No. 13-60

ORDER
AND NOW, this 1st day of March, 2016, upon careful and independent consideration of
Petitioner Eugene McClure’s pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2254, and upon de novo review of the Report and Recommendation of United States
Magistrate Judge Timothy R. Rice and McClure’s objections thereto, and for the reasons set
forth in the accompanying Memorandum, it is ORDERED:
1.

McClure’s objections to the Report and Recommendation (Document 4) are

OVERRULED;
2.

The Report and Recommendation (Document 3) is APPROVED and ADOPTED;

3.

McClure’s petition for writ of habeas corpus (Document 1) is DENIED with

prejudice;
4.

There has been no substantial showing of the denial of a constitutional right

warranting the issuance of a certificate of appealability; and
5.

The Clerk of Court is DIRECTED to mark this case CLOSED.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.

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