MEANS v. ECKARD et al

Filing 36

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATIONS 26 ; PETITION FOR WRIT OF HABEAS CORPUS 1 IS DENIED; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 8/15/2019. 8/15/2019 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, )

IN THE UNITED ST ATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SCOTT RANDALL MEANS,
Petitioner,

CIVIL ACTION

v.

No. 15-2310
MR. J. ECKARD et al.,
Respondents .
. ~

ORDER

AND NOW, this 01ay of August, 2019, upon consideration of Petitioner Scott Randall

Means' 1 Petition for Writ of Habeas Corpus (Doc. No. 1), Petitioner's Amendment to His Petition
(Doc. No. 17), Respondents' response (Doc. No. 12), Petitioner's Supplements (Doc. Nos. 19, 20, 22,
23, & 25), upon review of the R~port & Recommendation of U.S. Magistrate Judge David R.
Strawbridge (Doc. No. 26), and Petit10ner's failure to respond thereto,2 it is ORDERED that:
1.

The Report & Recommendation (Doc. No. 26) is APPROVED and ADOPTED;

2.

Mr. Means' Petition for Writ of Habeas Corpus (Doc. No. 1) is DENIED;

3.

A certificate of appealability SHALL NOT issue, in that the Petitioner has not made a
substantial showing of the denial of a constitutional right nor demonstrated that
reasonable jurists would debate the correctness of this ruling. See 28 U.S.C. §
2253(c)(2); Slack v. McDaniel, 529 U.S. 473,484 (2000), and;

4.

The Clerk of the Court shall mark this case CLOSED for all purposes, including
statistics.

Scott Randall Means is also known as Daren Williams.
Mr. Means repeatedly requested, and was granted, extensions to file objections to the Report &
Recommendation. See Doc. Nos. 31 and 35. However, Mr. Means never filed an objection, timely or otherwise.
In any event, the Court's independent review of the record and the parties' filings reveals that Magistrate Judge
Strawbridge's reasoning and conclusion are correct, and that Mr. Means' Petition lacks merit.
2