JONES v. COMMONWEALTH OF PENNSYLVANIA

Filing 22

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED; AND A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/6/14. 6/6/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARCELLUS JONES,
Petitioner,

CIVIL ACTION

v.
TABB BICKELL,
THE ATTORNEY GENERAL OF THE
STATE OF _____, and
THE DISTRICT ATTORNEY OF
PHILADELPHIA,
Respondents.

NO. 13-1008

ORDER
AND NOW, this 5th day of June, 2014, upon consideration of pro se Petition Under 28 U.S.C.
§ 2254 for Writ of Habeas Corpus by a Person in State Custody, filed by pro se petitioner, Marcellus
Jones, the record in this case, and the Report and Recommendation of United States Magistrate Judge
Thomas J. Rueter dated April 15, 2014, no objections to the Report and Recommendation having been
filed, IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge Thomas J. Rueter

dated April 15, 2014, is APPROVED AND ADOPTED;
2.

The Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State

Custody, filed by pro se petitioner, Marcellus Jones, is DISMISSED AND DENIED;
3.

Petitioner’s request for appointment of counsel is DENIED; and,

4.

A certificate of appealability will not issue because reasonable jurists would not debate

(a) this Court’s decision that the petition does not state a valid claim of the denial of a constitutional
right, or (b) the propriety of this Court’s procedural rulings with respect to petitioner=s claims. See 28
U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.