GRANVILLE v. COLEMAN et al

Filing 11

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT AN EVIDENTIARY HEARING AND THERE IS NO SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT WARRANTING THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 9/17/13. 9/18/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FAHMEE GRANVILLE : : : : : : v. SUPERINTENDENT BRIAN COLEMAN, et al. CIVIL ACTION No. 13-2208 ORDER AND NOW, this 17th day of September, 2013, upon careful and independent consideration of Petitioner Fahmee Granville’s pro se Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, and after review of the Report and Recommendation of Chief United States Magistrate Judge Carol Sandra Moore Wells, to which no objections have been filed,1 it is ORDERED: 1. The Report and Recommendation (Document 10) is APPROVED and ADOPTED; 2. Granville’s petition for writ of habeas corpus (Document 5) is DISMISSED without an evidentiary hearing; and 3. There has been no substantial showing of the denial of a constitutional right warranting the issuance of a certificate of appealability. The Clerk of Court is DIRECTED to mark this case CLOSED. 1 The Report and Recommendation was sent to all parties of record on August 27, 2013, together with a Notice from the Clerk of Court advising the parties of their obligation to file any objections to the Report and Recommendation within 14 days after service thereof. See Local R. Civ. P. 72.1 IV(b) (“Any party may object to a magistrate judge’s proposed findings, recommendations or report under 28 U.S.C. § 636(b)(1)(B), and subsections 1(c) and (d) of this Rule within fourteen (14) days after being served with a copy thereof”). As of today’s date, no objections have been filed BY THE COURT: /s/ Juan R. Sánchez Juan R. Sánchez, J. 2 .

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