CHELTEHAM v. CITY OF PHILADELPHIA et al

Filing 7

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DISMISSED WITHOUT PREJUDICE; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE, IN THAT THE PETITIONER HAS NOT MADE A SUBSTANTIAL SH OWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT NOR DEMONSTRATED THAT REASONABLE JURISTS WOULD DEBATE THE CORRECTNESS OF THIS RULING. THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 10/2/15. 10/5/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MAURICE CHELTEHAM,
Petitioner,

CIVIL ACTION
NO. 13-3683

v.
CITY OF PHILADELPHIA, et al.,
Respondents.
ORDER

AND NOW, this 2nd day of October 2015, upon careful and independent consideration
of the Petition for Writ of Habeas Corpus (Doc. No. 1) and available state court records, and after
review of the Report and Recommendation of United States Magistrate Judge David R.
Strawbridge (Doc. No. 5), it is ORDERED that:
1.

The Report and Recommendation is APPROVED and ADOPTED. 1

2.

The Petition for Writ of Habeas Corpus (Doc. No. 1) is DISMISSED WITHOUT
PREJUDICE.

3.

A certificate of appealability SHALL NOT issue, in that the Petitioner has not
made a substantial showing of the denial of a constitutional right nor
demonstrated that reasonable jurists would debate the correctness of this ruling.
See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and

1

On September 3, 2015, the Court entered an Order affording Petitioner an additional fifteen
(15) days in which to file objections to the Report and Recommendation because his change of
address may have contributed to his failure to file objections. The original objections were due
to be filed on July 16, 2015. As of this date, no objections have been filed and therefore the
Report and Recommendation will be approved and adopted.
1

4.

The Clerk of Court shall close this case for statistical purposes.

.
BY THE COURT:

/ s / J oel H. S l om s k y
JOEL H. SLOMSKY, J.

2