HARRIS v. FOLINO et al

Filing 29

ORDER THAT THE CLERK IS DIRECTED TO REMOVE THE CASE FROM CIVIL SUSPENSE AND RETURN IT TO THE ACTIVE DOCKET; THE OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHO UT PREJUDICE AND WITHOUT AN EVIDENTIARY HEARING; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK IS DIRECTED TO CLOSE THE CASE.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/21/16. 9/22/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
RASHEED HARRIS,
:
Petitioner,
:
:
v.
:
CIVIL ACTION NO. 14-0893
:
:
FOLINO, et al.,
:
Respondents.
:
ORDER
AND NOW, this 21st day of September 2016, upon careful and independent consideration of
the Petition for Writ of Habeas Corpus, and all related filings, and upon review of the Report and
Recommendation of United States Magistrate Judge Henry S. Perkin and the objections thereto, it is
hereby ORDERED that:
1.

The Clerk is directed to REMOVE the case from Civil Suspense and return it to the

active docket;
2.

The Objections are OVERRULED;

3.

The Report and Recommendation is APPROVED and ADOPTED;

4.

The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE and

without an evidentiary hearing;
5.

There is no probable cause to issue a certificate of appealability; and

6.

The Clerk is directed to CLOSE the case.

It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
____________________
CYNTHIA M. RUFE, J.