CHARLESTON v. WETZEL et al

Filing 27

ORDER THAT THE REPORT AND RECOMMENDATION, ECF NO. 21, IS ADOPTED IN PART, AND CHARLESTON'S OBJECTIONS, ECF NO. 24, TO THE REPORT AND RECOMMENDATION ARE OVERRULED IN PART AS FOLLOWS: THE COURT ADOPTS THE MAGISTRATE JUDGES RECOMMENDATIONS WI TH RESPECT TO CHARLESTONS FIRST, SECOND, AND FOURTH CLAIMS IN THEIR ENTIRETY, ETC. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED. THIS CASE IS CLOSED THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/29/18. 3/29/18 ENTERED AND COPIES E-MAILED.(er, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
_______________________________________
:
BRANDON CHARLESTON,
:
:
Petitioner,
:
:
v.
:
No. 2:15-cv-01437
:
:
ROBERT D. GILMORE, Superintendent
:
at SCI-Greene;
:
THE ATTORNEY GENERAL OF THE STATE :
OF PENNSYLVANIA;
:
THE DISTRICT ATTORNEY OF
:
PHILADELPHIA COUNTY,
:
:
Respondents.
:
_______________________________________
:
ORDER
AND NOW, this 29th day of March, 2018, for the reasons set forth in the Opinion issued
this date, IT IS HEREBY ORDERED THAT:
1.

The Report and Recommendation, ECF No. 21, is ADOPTED in part, and

Charleston’s objections, ECF No. 24, to the Report and Recommendation are OVERRULED in
part as follows:
a. The Court adopts the Magistrate Judge’s recommendations with respect to
Charleston’s first, second, and fourth claims in their entirety;
b. With respect to Charleston’s third and fifth claims, the Court does not adopt the
recommendation that these claims be deemed waived; rather, the Court finds that
these claims do not merit relief;
c. Accordingly, the Court adopts the Magistrate Judge’s conclusion that Charleston
is not entitled to relief on any of his claims and adopts the recommendation that
his Petition be denied;
d. The Court also adopts the conclusion that there has been no substantial showing
of the denial of a constitutional right requiring the issuance of a certificate of
appealability.
1
032918

2.

The petition for writ of habeas corpus is DENIED;

3.

This case is CLOSED; and

4.

There is no basis for the issuance of a certificate of appealability.

BY THE COURT:

/s/ Joseph F. Leeson, Jr._____________
JOSEPH F. LEESON, JR.
United States District Judge

2
032918