JORDAN v. ROZUM et al

Filing 24

ORDER THAT PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED IN ALL RESPECTS EXCEPT FOR THE REASONING AS TO CLAIMS TWO AND THREE; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE AND DISM ISSED WITHOUT AN EVIDENTIARY HEARING; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND PETITIONER'S REQUEST FOR SANCTIONS (DOC. NO. 15) IS DENIED.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 10/3/16. 10/3/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________________
KEVIN DEJOURN JORDAN,
:
Petitioner,
:
:
v.
:
:
GERALD ROZUM, ET AL.,
:
Resondents.
:
____________________________________________:

CIVIL ACTION

No. 13-2503

ORDER
AND NOW, this 3rd day of October, 2016, upon consideration of the Petition for Writ of
Habeas Corpus (Doc. No. 1), Petitioner’s “Memorandum of Law and Facts Supporting Writ of
Habeas Corpus” (Doc. No. 5), “Respondent’s Brief in Opposition to Petition for Writ of Habeas
Corpus” (Doc. No. 7); “Reply Brief of Petitioner” (Doc. No. 8), the Report and Recommendation
of United States Magistrate David R. Strawbridge dated February 27, 2015 (Doc. No. 17),
“Petitioner’s Objections to U.S.M.J. David R. Strawbridge’s Report and Recommendation”
(Doc. No. 19), “Petitioner’s Reply to respondents’ Appendix of Exhibits and Request for
Sanctions” (Doc. No. 15) and after a thorough and independent review of the record, it is hereby
ORDERED that:
1.

Petitioner’s objections are OVERRULED;

2.

The Report and Recommendation is APPROVED and ADOPTED in all respects
except for the reasoning as to claims two and three;

3.

The Petition for Writ of Habeas Corpus is DENIED with prejudice and
DISMISSED without an evidentiary hearing;

4.

There is no probable cause to issue a certificate of appealability; and

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5.

Petitioner’s request for sanctions (Doc. No. 15) is DENIED.
BY THE COURT:

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

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