GARDNER v. WENEROWICZ et al
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
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:
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
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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