HEARD v. KERESTES et al

Filing 19

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITIONER'S PETITION FOR A WRIT OF HABEAS CORPUS IS DENIED; PETITIONER'S "MOTION FOR A JURY DEMAND" IS DENIED; PETITIONER'S TWO MOTIONS FOR APPOINTMENT OF COUNSEL ARE DENIED; AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE C. DARNELL JONES, II ON 3/30/16. 3/30/16 ENTERED AND COPIES MAILED TO PETITIONER AND EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TRACEY HEARD
Plaintiff,
v.

:

:

JOHN KERESTES; THE DISTRICT
ATTORNEY OF COUNTY,
PHILADELPHIA; THE ATTORNEY
GENERAL OF STATE OF,
PENNSYLVANIA
Defendants.

CIVIL ACTION
NO. 14-7120

:

:

ORDER
AND NOW, this 30th day of March, 2016, upon consideration of the pleadings and record
herein, and after review of the Report and Recommendation of United States Magistrate Judge
Thomas J. Rueter (Doc. No. 15), it is hereby ORDERED as follows:
1.

The Report and Recommendation is APPROVED and ADOPTED;1

2.

Petitioner’s Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED;

3.

Petitioner’s “Motion for a Jury Demand” (Doc. No. 4) is DENIED;

4:

Petitioner’s two Motions for Appointment of Counsel (Doc. Nos. 2, 3) are
DENIED; and

5.

There is no probable cause to issue a Certificate of Appealability.
BY THE COURT:

/s/ C. Darnell Jones, II

1

J.

Judge Rueter filed his Report and Recommendation on November 30, 2015. At that time,
Petitioner was notified that he had fourteen (14) days to object to same. On December 14, 2015, the
court received a motion by Petitioner for an extension of time to file Objections, which he apparently
prepared on December 6, 2015 (Doc. No. 16). Said motion was granted on December 17, 2015, at
which time Petitioner was given an additional ninety (90) days to file Objections. (Doc. No. 17).
Therefore, the modified deadline became Wednesday, March 16, 2016. As of this day—another two
weeks beyond the revised deadline—Petitioner has failed to submit any Objections. Accordingly, his
right to do so has now been waived.