BOYD v. WETZEL et al

Filing 26

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILTY. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 12/11/17. 12/12/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
COURTNEY BOYD
v.
JOHN E. WETZEL, et al.

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CIVIL ACTION

NO. 14-0098

ORDER
AND NOW, this 11th day of December, 2017, upon careful and independent
consideration of the petition for a writ of habeas corpus, together with the response thereto, and
after review of the Report and Recommendation of United States Magistrate Judge Linda K.
Caracappa, and in the absence of any objections,1 I HEREBY ORDER that:
1.

The Report and Recommendation is APPROVED and ADOPTED.

2.

The petition for a writ of habeas corpus is DISMISSED with prejudice.

3.

There is no probable cause for a certificate of appealability.

4.

The Clerk of Court shall mark this case closed for statistical purposes.
BY THE COURT:

/s J. William Ditter, Jr.
J. WILLIAM DITTER, JR. J.

1

On December 9, 2016, Petitioner’s sentence of life imprisonment without the
possibility of parole was vacated pursuant to Miller v. Alabama, 567 U.S. 460 (2012) and
Petitioner was re-sentenced to a term of 30 years to life in prison. Petitioner was subsequently
granted parole and released from prison. While Petitioner’s Miller claim in the instant petition
was rendered moot by his re-sentencing, Petitioner presented other claims in his habeas petition
which were reviewed by Judge Caracappa in her Report and Recommendation. Unfortunately,
the Clerk’s Office has been unable to send Petitioner a copy of the Report and Recommendation
as Petitioner failed to update his address upon release from prison. Recognizing Petitioner’s
unique circumstances, my chambers made diligent efforts to ascertain his current address to no
avail.