GARDNER v. WENEROWICZ et al

Filing 19

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; GARDNER'S PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DENIED WITH PREJUDICE; NO CERTIFICATE OF APPEALABILITY SHOULD ISSUE; THE CLERK OF COURT SHALL MARK THIS FILE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 8/31/16. 9/1/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

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

DARRYL GARDNER,
Petitioner

CIVIL ACTION

v.

NO. 14-29fJ!ED

Petitioner Darryl Gardner's petition for

SEP 0 12016

it of habeas corpus (Doc. No. 1), the

Commonwealth's response in opposition (Doc. No. 14), Gardner's Response (Doc.
No. 15), and the Report and Recommendation of the Magistrate Judge Richard A.
Lloret, it is ORDERED:
1.

The Report and Recommendation of Magistrate Judge Richard A.
Lloret is APPROVED and ADOPTED;

2. Gardner's petition for writ of habeas corpus (Doc. No. 1) is DENIED
with prejudice;
3. No certificate of appealability should 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); and,
4. The Clerk of Court shall mark t · file closed for statistical purposes.
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