SNOWDEN v. KAUFFMAN et al

Filing 14

ORDER THAT THE REPORT AND RECOMMENDATION (ECF DOC. NO. 10) IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS (ECF DOC NO. 1) IS DENIED WITH PREJUDICE AND DISMISSED WITHOUT AN EVIDENTIARY HEARING; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/22/16. 8/22/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL. (pr, )

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

JAMES GIRARD SNOWDEN,
Petitioner

CIVIL ACTION

v.

N0.15-1912

SUPERINTENDENT KAUFFMAN, et al.,
Respondents.
ORDER
AND NOW, this 22nd day of August 2016, upon extended consideration of the Petition

for Writ of Habeas Corpus (ECF Doc. No. 1), and Judge Perkin's August 1, 2016 Report and
Recommendation (ECF Doc. No. 10), IT IS ORDERED:
1.

The comprehensive August 1, 2016 Report and Recommendation of United States

Magistrate Judge Perkin (ECF Doc. No. 10) is APPROVED AND ADOPTED;
2.

The Petition for Writ of Habeas Corpus (ECF Doc. No. 1) filed by Petitioner

James Girard Snowden is DENIED with prejudice and DISMISSED without an evidentiary
. I
hearmg;

3.
4.

1

There is no probable cause to issue a certificate of appealability; and
The Clerk of Court shall close this case.

Mr. Snowden's failure to strictly comply with the Pennsylvania Rules of Appellate Procedure
by failing to brief all of the questions presented on appeal waives his claim in the Pennsylvania
state court and bars federal habeas review. Lines v. Larkins, 208 F.3d 153, 164-66 (3d Cir. 2000)
cert. den., 531 U.S. 1082 (2001). Petitioner also offers no evidence of prejudice or miscarriage
of justice showing, in light of new evidence, no reasonable juror would have found him guilty
beyond a reasonable doubt.