ALI v. COMMON PLEAS COURT OF PHILADELPHIA et al

Filing 21

ORDER THAT THE REPORT AND RECOMMENDATION [#17] IS APPROVED AND ADOPTED FOR THE REASONS SET FORTH THEREIN; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITHOUT PREJUDICE AND DISMISSED WITHOUT AN EVIDENTIARY HEARING, FOR THE REASONS SET FORTH IN TH E WELL-REASONED R&R; AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. IT IS FURTHER ORDERED THAT PETITIONER'S MOTION FOR IMMEDIATE INJUNCTION [#4] IS DENIED FOR THE REASONS SET FORTH IN THE R&R; AND PETITIONER'S MOTIO N TO STAY/SUSPEND [#5] IS DENIED FOR THE REASONS SET FORTH IN THE R&R. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/8/16. 1/8/16 ENTERED & E-MAILED. COPY MAILED TO ALI.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANWAR SHARIF ALI

Civil Action No. 15-2340

v.

FILED

COMMONWEALTH OF PA., et al.

JAN U7 2016
ORDER

AND NOW, this

gth

day of January 2016, upon careful and independent consideration of

the Petition for Writ of Habeas Corpus, the response thereto, and the state court record, and upon
review of the Report and Recommendation ("R & R") of United States Magistrate Judge Henry
J. Perkin [Doc. No. 17], to which there were no objections despite the allowance of additional
time to file objections, it is hereby ORDERED that:
1.

The R & R [Doc. No. 17] is APPROVED and ADOPTED for the reasons set

forth therein;
2.

The Petition for Writ of Habeas Corpus is DENIED without prejudice and

DISMISSED without an evidentiary hearing, for the reasons set forth in the well-reasoned R &

R; and
3.

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

It is further ORDERED that:
1.

Petitioner's Motion for Immediate Injunction [Doc. No. 4] is DENIED for the

reasons set forth in the R & R; and
2.

Petitioner's Motion to Stay/ Suspend [Doc. No. 5] is DENIED for the reasons set

forth in the R & R.

The Clerk of Court is DIRECTED to mark this case closed for statistical purpo~es.
It is so ORDERED.

BY THE COURT:

2