THOMAS v. WALSH et al

Filing 6

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/11/13. 12/30/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
VINCENT THOMAS,
Petitioner,

CIVIL ACTION

v.

NO. 13-4759
JEROME W. WALSH,
Superintendent, et al.,
Respondents.

FILED
DEC 8 lJ 2013
rrCHAEL E. KU~ Clerk

,_

AND NOW, this

- Dep.Qerf(

, 2013, upon careful and

independent consideration of the petition for a writ of habeas corpus and available state court
records, and after review of the Report and Recommendation of United States Magistrate Judge
David R. Strawbridge, it is ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2.

The petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE;

3.

A certificate of appealability SHALL NOT issue, in that the Petitioner has not

demonstrated that reasonable jurists would debate the correctness of the procedural aspects of this
ruling. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473,484 (2000); and
4. The Clerk of the Court shall mark this case CLOSED for statistical purposes.