CARPENTER v. ECKARD et al

Filing 38

ORDER THAT THE DECEMBER 29, 2015 ORDER ADOPTING AND APPROVING THE REPORT AND RECOMMENDATION (DOC. NO. 33) IS REINSTATED; THE PETITION FOR A WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DENIED WIHTOUT AN EVIDENTIARY HEARING AND DISMISSED WITH PREJUDICE; AND BECAUSE PETITIONER HAS NOT MADE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT, THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/1/16. 4/1/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN Dufi'fte!)PENNSYLVANIA
WESLEY CARPENTER,
Petitioner,

AP~ 0 l 2016
MICHAa E. KUNZ, Clerk
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Dep. Clerk
Civ. No. 14-4751

By

v.
J.A. ECKARD, et al.,
Respondents.

ORDER
On August 11, 2014, state prisoner Wesley Carpenter, proceeding prose, sought habeas
relief, alleging numerous instances of ineffective assistance by his trial and appellate .counsel. 28
U.S.C. § 2254; (Doc. Nos. 1, 29.) I referred the matter to Magistrate Judge

Ruet~r,

who, on

December 8, 2015, recommended denying relief. (Doc. No. 31.) Petitioner did not object to Judge
Rueter's Report and Recommendation, which I approved and adopted on December 29, 2015.
On January 11, 2016, I received Petitioner's pro se "Motion for Relief from Judgment or
Order," requesting the opportunity to file belated objections because he never received a copy of
the Report and Recommendation. (Doc No. 34.) On January 15, 2016, I granted retitioner's
request, vacated my December 29 Order, and permitted Petitioner to file objections np later than
February 1, 2016. (Doc. No. 35.) On February l, 2016, Petitioner requested an extension of time
to file objections. (Doc. No. 36.) On February 5, 2016, I granted Petitioner's request, permitting
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him to file objections no later than March 1, 2016.

I

(Doc. No. 37.)

I otdered the
I

Warden/Superintendent of S.C.I. Huntingdon to "promptly provide Petitioner with a cqpy" of my
February 5 Order, and cautioned that "No further extensions of time to file objections will be
I

granted." (Id.) As of today, April 1, 2016, no objections have been filed. (Doc. No.
Civ. P. 72(b)(2) (fourteen-day window for filing objections).

3~);

Accordingly, I will reinstate my
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December 29, 2015 Order adopting the Report and Recommendation without objection~.

ENTERED
APR 0 I 2016
CLERK OF COURT

Fed. R.

AND NOW, this 1st day of April, 2016, it is hereby ORDERED that:
1. My December 29, 2015

Order adopting and approvmg the ;Report and

Recommendation (Doc. No. 33) is REINSTATED;
2. The Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIEq without an
evidentiary hearing and DISMISSED with prejudice; and

3. Because Petitioner has not made a substantial showing of the denial of a c~mstitutional
right, there is no probable cause to issue a certificate of appealability.

IT IS SO ORDERED.

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.t.!.)--A

Paul S. Diamond, J.

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