HUNTE v. FERGUSON et al

Filing 23

ORDER THAT THE OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE AND WITHOUT AN EVIDENTIARY HEARING; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK IS DIRECTED TO CLOSE THIS CASE.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/25/17. 1/25/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN.(pr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ DERRICK HUNTE, : Petitioner, : : v. : CIVIL ACTION NO. 14-6451 : : TAMMY FERGUSON, et al., : Respondents. : ORDER AND NOW, this 25th day of January 2017, upon careful and independent consideration of the Petition for Writ of Habeas Corpus, and all related filings, and upon review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge and the objections thereto, it is hereby ORDERED that: 1. The Objections are OVERRULED; 2. The Report and Recommendation is APPROVED and ADOPTED; 3. The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE and without an evidentiary hearing; 4. There is no probable cause to issue a certificate of appealability; and 5. The Clerk is directed to CLOSE the case. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe ____________________ CYNTHIA M. RUFE, J.

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