COOPER v. GIROUX et al

Filing 23

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FRO WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE; NO CERTIFICATE OF APPEALABILITY SHOULD ISSUE AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE C. DARNELL JONES, II ON 10/27/16. 10/27/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED.(jpd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KEVIN COOPER, Petitioner, v. NANCY GIROUX et al., Respondents. : : : : : : : CIVIL ACTION NO. 14-5858 ORDER AND NOW, this 24th day of October, 2016, upon careful and independent consideration of the Petition for Writ of Habeas Corpus, (Dkt No. 1), and after review of the Report and Recommendation of the United States Magistrate Judge Richard A. Lloret, (Dkt No. 13), it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The Petition for Writ of Habeas Corpus 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 this file closed for statistical purposes. BY THE COURT: /s/ C. Darnell Jones, II C. DARNELL JONES, II J.

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