LEWIS v. WALSH et al
Filing
55
ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED THE PETITION FOR WRIT OF HAEBS CORPUS IS PARTIALLY GRANTED BY SEPARATE JUDGMENT; NO CERTIFICATE OF APPLEALBILITY SHALL ISSUE AND THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 11/12/19. 11/13/19 ENTERED AND COPIES E-MAILED.(jpd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLV ANlA
BRAHEEM LEWIS,
Petitioner,
CIVIL ACTION
v.
JEROME WALSH,
et al.,
Respondents
No. 14-cv-01908-JS
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ORDER
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AND NOW this _ _ ___,.fi....,,Z::.-raY of
independent consideration of Braheem Lewis' petition for writ of habeas corpus (Doc.
No. 1), Petitioner's memorandum in support of the petition (Doc. No. 13), the
Commonwealth's response in opposition (Doc. No. 21), Petitioner's unopposed motion
to amend the petition (Doc. No. 47), the Commonwealth's supplemental response to the
petition, including the amendment (Doc. No. 51), and the Report and Recommendation
of U.S. Magistrate Judge Richard A. Lloret, it is ORDERED that:
1.
The Report and Recommendation of Magistrate Judge Richard A. Lloret is
APPROVED and ADOPTED;
2. Lewis' Petition for Writ of Habeas Corpus is PARTIALLY GRANTED by
separate Judgment, filed contemporaneously with this Order. See Federal
Rule of Civil Procedure 58(a); Rules Governing Section 2254 Cases in the
United States District Courts, Rule 12;
3. No certificate of appealability shall issue under 28 U.S.C.
§
2253(c)(1)(A) as to
any other issue because "the applicant has [not] made a substantial showing
of the denial of a constitutional right[,]" under 28 U.S.C. § 2253(c)(2), since
he has not demonstrated that "reasonable jurists" would find my "assessment
of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S.
473,484 (2000); see United States v. Cepero, 224 F.3d 256, 262-63 (3d Cir.
2000), abrogated on other grounds by Gonzalez v. Thaler, 565 U.S. 134
(2012); and,
4. The Clerk of Court shall mark this file closed.
BY THE COURT:
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