EVANS v. LAMAS et al

Filing 34

ORDER THAT THE SUPPLEMENTAL REPORT AND RECOMMENDATION (DOC. NO. 31) IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DISMISSED AS MOOT; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; THE CLERK OF COURT SHALL CLOSE THIS ACTION.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/29/18. 1/31/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KEVIN ROBERT EVANS,
Petitioner,
v.
MARIROSA LAMAS, ET AL.,
Respondents.

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Civ. No. 13-3723

ORDER
AND NOW, this 29th day of January, 2018, upon careful and independent consideration
of Kevin Robert Evans’s Petition for Writ of Habeas Corpus (Doc. No. 1), Respondents’
Response in Opposition (Doc. No. 8), Judge Strawbridge’s Supplemental Report and
Recommendation (Doc. No. 31) to which there are no objections, and available state court
records, it is hereby ORDERED that:
1. The Supplemental Report and Recommendation (Doc. No. 31) is APPROVED and
ADOPTED;
2. The Petition for a Writ of Habeas Corpus (Doc. No. 1) is DISMISSED as moot;
3. A Certificate of Appealability shall NOT ISSUE because Petition 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 U.S.C. § 2253(c)(2);
Slack v. McDaniel, 529 U.S. 473, 484 (2000); and
4. The CLERK OF COURT shall CLOSE this action.
AND IT IS SO ORDERED.
/s/ Paul S. Diamond
_______________________
Paul S. Diamond, J.