BARBER v. BURNS et al

Filing 55

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED. THERE IS NO BASIS TO ISSUE A CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 2/5/24. 2/6/24 ENTERED AND COPIES NOT MAILED TO PRO SE AND E-MAILED.(mbh)

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

DARIEN BARBER,
Civil Action

Petitioner,

No. 13-cv-1636

v.
DANIEL P. BURNS,
Respondent.
ORDER

AND NOW, this 5th day of February, 2024, upon consideration of the Report and
Recommendation by Magistrate Judge Elizabeth T. Hey, to which no objections were filed within
the time required by Local Civil Rule 72.1 IV(b), it is hereby ORDERED that:
1.

The Report and Recommendation (ECF No. 54) is APPROVED AND

ADOPTED. 1
2.

The petition for a writ of habeas corpus (ECF No. 1) is DENIED. There is no basis

to issue a certificate of appealability.
3.

The Clerk of Court shall mark this case closed.

BY THE COURT:

/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.
1

A district judge is only required to review “those portions of the report or specified proposed
findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1). However, I have
reviewed the Report and Recommendation and determined it to be correct. See Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987).