DAVIS v. GLUNT et al

Filing 7

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE; PETITIONER'S MOTION TO STAY AND HOLD IN ABEYANCE IS DENIED; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 5/4/15. 5/5/15 ENTERED AND COPIES MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TERRENCE DAVIS,

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Petitioner,
v.
STEVEN GLUNT,
Respondent.

CIVIL ACTION
15-429

ORDER
AND NOW, this 4th day of May 2015, upon careful and independent consideration
of the petition for writ of habeas corpus, and after review of Magistrate Judge Lynne
Sitarski’s report and recommendation (doc. no. 5), to which no timely objection has been
made, IT IS HEREBY ORDERED that:
1.

The report and recommendation is APPROVED and ADOPTED. 1

2.

The petition for writ of habeas corpus is DISMISSED without prejudice.

3.

Petitioner’s motion to stay and hold this matter in abeyance, doc. no. 4, is

DENIED.
4.

There is no probable cause to issue a certificate of appealability.

5.

The clerk is directed to mark this case CLOSED.
BY THE COURT
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.

1

Since Mr. Davis has not filed objections, I need only give some reasoned consideration to the report and
recommendation. Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987). Mr. Davis has not exhausted his state
court remedies; therefore, I find that Judge Sitarski’s report and recommendation is well reasoned and free of clear
error. See Fed. R. Civ. P. 72(b) advisory committee’s note.