EINHORN v. CAMERON et al

Filing 31

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE AND WITHOUT AN EVIDENTIARY HEARING; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY AND THE CLERK OF COURT SHALL CLOSE THE CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/24/18. 1/25/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd ) (Main Document 31 replaced on 1/25/2018) (lisad, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ IRA S. EINHORN, : Petitioner, : : v. : CIVIL ACTION NO. 15-2139 : : KENNETH CAMERON, et al., : Respondents. : ORDER AND NOW, this 24th day of January 2018, upon careful and independent consideration of the Petition for Writ of Habeas Corpus, and all related filings, and upon review of the Report and Recommendation (“R&R”) of United States Magistrate Judge Marilyn Heffley, to which no objections have been filed, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE and without an evidentiary hearing; 3. There is no probable cause to issue a certificate of appealability 1; and 4. The Clerk of Court is directed to CLOSE the case. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe ____________________ CYNTHIA M. RUFE, J. 1 Einhorn has not made a substantial showing of the denial of a constitutional right; there is no basis for concluding that “reasonable jurists could debate whether . . . the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further.” Slack v. McDaniel, 529 U.S. 473, 484 (2000) (internal quotation marks and citation omitted). 2

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