BENSON v. ROZUM et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS THAT PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE. THERE HAS BEEN NO SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT REQUIRING THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. FURTHER ORDERED THAT CLERK OF COURT SHALL MARK THE ABOVE CAPTIONED CASE AS CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 2/27/15. 3/3/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
:
:
:
: CIVIL ACTION
: NO. 13-6976
:
:
:

DAMON LAMONT BENSON

v.

TREVOR WINGARD, ET AL.

ORDER
AND NOW, this 27th day of February, 2015, upon careful and independent consideration
of the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus (Doc. 1), Respondents’
Response in Opposition to Petition for Writ of Habeas Corpus (Doc. 16), Petitioner’s Reply
(Doc. 18), the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey
(Doc. 19), Petitioners Objections thereto (Doc. 22), and all other responses, IT IS HEREBY
ORDERED AND DECREED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus is DISMISSED with prejudice; and
3. There has been no substantial showing of the denial of a constitutional right requiring the
issuance of a certificate of appealability.
IT IS FURTHER ORDERED that the Clerk of Court shall mark the above-captioned
case as CLOSED for statistical purposes.
BY THE COURT:
/s/ Petrese B. Tucker
____________________________
Hon. Petrese B. Tucker, U.S.C.J.
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