STONE v. FERGUSON et al

Filing 23

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OFR HABEAS CORPUS IS DENIED; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 8/16/16. 8/18/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd) Modified on 8/18/2016 (lisad, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANTONIO STONE,
Petitioner,

CIVIL ACTION
NO. 15-3890

v.
TAMMY FERGUSON, et al.,
Respondents.
ORDER

AND NOW, this 16th day of August 2016, upon consideration of Petitioner’s Petition for
Writ of Habeas Corpus (Doc. No. 1), Petitioner’s Amended Habeas Corpus Petition (Doc. No. 14),
the Response to the Petition for Writ of Habeas Corpus (Doc. No. 16), Petitioner’s Reply to the
Response (Doc. No. 17), Magistrate Judge Angell’s Report and Recommendation (Doc. No. 18),
Petitioner’s Objection to the Report and Recommendation (Doc. No. 20), and the pertinent state
court record, and in accordance with the Opinion of the Court issued this day, it is hereby
ORDERED that:
1. The Report and Recommendation (Doc. No. 18) is APPROVED and ADOPTED.
2. The Petition for a Writ of Habeas Corpus (Doc. Nos. 1, 14) 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 (2000).
4. The Clerk of Court shall mark this case CLOSED for statistical purposes.
BY THE COURT:

/ s/ J oel H. S l om sk y
JOEL H. SLOMSKY, J.