COLEMAN v. FOLINO et al

Filing 23

ORDER THAT UPON CONSIDERATION OF PETITIONER PATRICK COLEMAN'S OBJECTIONS 20 TO THE REPORT AND RECOMMENDATION OF THE HONORABLE TIMOTHY R. RICE 16 , AND FOR THE REASONS IN THE ACCOMPANYING MEMORANDUM, IT IS ORDERED THAT PETITIONER'S OBJECT IONS ARE OVERRULED. JUDGE RICE'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED IN PART. PETITIONER'S HABEAS PETITION 1 IS DISMISSED WITH PREJUDICE AND WITHOUT AN EVIDENTIARY HEARING. BECAUSE JURISTS COULD DEBATE WHETHER THE PETITION S TATES A VALID CLAIM FOR A DENIAL OF A CONSTITUTIONAL RIGHT, WE WILL ISSUE A LIMITED CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 10/21/15. 10/22/15 ENTERED AND COPIES E-MAILED.(gs)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PATRICK COLEMAN
v.
LOUIS FOLINO

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CIVIL ACTION

NO. 14-1683

ORDER
AND NOW, this 21st day of October, 2015, upon consideration of petitioner
Patrick Coleman’s objections (docket entry #20) to the Report and Recommendation of the
Honorable Timothy R. Rice (docket entry #16), and for the reasons outlined in the accompanying
Memorandum, it is hereby ORDERED that:
1.

Petitioner’s objections are OVERRULED;

2.

Judge Rice’s Report and Recommendation is APPROVED and

ADOPTED IN PART;
3.

Petitioner’s habeas petition (docket entry #1) is DISMISSED WITH

PREJUDICE and without an evidentiary hearing;
4.

Because reasonable jurists could debate whether the petition states a valid

claim for a denial of a constitutional right to the extent it leaves the unresolved question of the
FMJE's application to petitioner's trial, Slack v. McDaniel, 529 U.S. 473, 484 (2000), we will
ISSUE a limited certificate of appealability; and
5.

The Clerk of Court shall CLOSE this case statistically.

BY THE COURT:

_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.