BURTON v. BICKELL et al

Filing 29

ORDER THAT THE REPORT AND RECOMMENDATION (DOC. NO. 21) IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DENIED; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 11/17/15. 11/17/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL, 1 COPY LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LARRY BURTON,
Petitioner,

CIVIL ACTION
NO. 13-4533

v.
TABB BICKELL, et al.,
Respondents.
ORDER

AND NOW, this 17th day of November 2015, upon consideration of the Petition for a
Writ of Habeas Corpus and accompanying exhibits (Doc. No. 1), the Response in Opposition
with accompanying exhibits (Doc. No. 20), the Report and Recommendation of United States
Magistrate Judge David R. Strawbridge (Doc. No. 21), Petitioner’s Objections to the Report and
Recommendation (Doc. No. 24), and the pertinent state court record, it is ORDERED as
follows:
1.

The Magistrate Judge’s Report and Recommendation (Doc. No. 21) is
APPROVED and ADOPTED.

2.

The Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED.

3.

A Certificate of Appealability SHALL NOT issue because, based on the analysis
contained in the Magistrate Judge’s Report and Recommendation, as approved
and adopted by this Court, a reasonable jurist could not conclude that the Court is
incorrect in denying and dismissing the Habeas Petition. See 28 U.S.C. §
2253(c)(2); Slack v. McDaniel, 529 U.S. 473 (2000).

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.