PENNOCK v. KERESTES et al

Filing 22

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITIONER'S OBJECTIONS ARE OVERRULED; THE PETITION FOR WRIT OF HABEAS COPRUS IS DENIED; A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE. SIGNED BY HONORABLE JAN E. DUBOIS ON 3/24/16. 3/24/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARC A. PENNOCK,
Petitioner,

CIVIL ACTION

v.
JOHN KERESTES, and
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Respondents.

NO. 14-5070

ORDER
AND NOW, this 23rd day of March, 2016, upon consideration of Petition Under 28
U.S.C. § 2254 for Writ of Habeas Corpus filed by pro se petitioner, Marc A. Pennock, the record
in this case, the Report and Recommendation of United States Magistrate Judge Richard A.
Lloret dated January 28, 2016, and Petitioner’s Objections to Magistrate’s Report and
Recommendation, IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge Richard A.

Lloret dated January 28, 2016, is APPROVED and ADOPTED;
2.

Pro se Petitioner’s Objections to Magistrate’s Report and Recommendation based

on the way in which the state courts handled the attempted murder charge against pro se
petitioner are OVERRULED for the reasons stated in the Report and Recommendation which
this Court has approved and adopted;
3.

The Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus filed by pro se

petitioner, Marc A. Pennock, is DENIED;
4.

A certificate of appealability will not issue because reasonable jurists would not

debate this Court’s decision that the petition does not state a valid claim of the denial of a
constitutional right. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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