RICE v. GAVIN et al

Filing 41

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE J. CURTIS JOYNER ON 4/28/16. 4/29/16 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TIMOTHY RICE

:

vs.

CIVIL ACTION

:

WAYNE GAVIN, et al.

:

NO. 15-CV-291

ORDER
AND NOW, this

28th

day of

April

, 2016,

upon careful and independent consideration of the petition for a
writ of habeas corpus, and after review of the Report and
Recommendation of United States Magistrate Judge Timothy R. Rice
and Petitioner’s objection thereto, 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.

There is no probable cause to issue a certificate of
appealability; and

4.

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

BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER, J.