SIMPSON v. ERKERD et al

Filing 23

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE; A CERTIFICATE FO APPEALABILITY SHALL NOT ISSUE, IN THAT THE PETITIONER HAS NOT DEMONSTRATED THAT REASONABLE JURISTS WOU LD DEBATE THE CORRECTNESS OF THE PROCEDURAL GROUNDS FOR THIS RULING AND THE CLERK OF THE COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 8/14/17. 8/15/17 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMEEL SIMPSON,
Petitioner,
v.
JAMES ERKERD, et al.
Respondents.

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CIVIL ACTION

NO. 14-4999

ORDER
AND NOW, this 14th day of August 2017, upon consideration of the Petition for Writ of
Habeas Corpus (Doc. No. 1), the Response to the Petition (Doc. No. 17), the pertinent state court
record, the Report and Recommendation of United States Chief Magistrate Judge Linda K.
Caracappa (Doc. No. 19), Petitioner’s Objections to the Report and Recommendation (Doc. No.
20), and in accordance with the Opinion issued this day, it is ORDERED that:
1.

The Report and Recommendation (Doc. No. 19) is APPROVED and ADOPTED;

2.

The Petition for Writ of Habeas Corpus (Doc. No. 1) is DENIED WITH
PREJUDICE;

3.

A certificate of appealability SHALL NOT issue, in that the Petitioner has not
demonstrated that reasonable jurists would debate the correctness of the procedural
grounds for this ruling. 28 U.S.C. § 2253; Slack v. McDaniel, 529 U.S. 473, 484
(2000); and

4.

The Clerk of the Court shall mark this case CLOSED for statistical purposes.

BY THE COURT:

/ s/ J oel H. S l om sk y
JOEL H. SLOMSKY, J.