RAPLEY v. COLEMAN et al

Filing 33

ORDERED THAT PETITIONER'S PETITION FOR HABEAS RELIEF (DOC. NO. 20) IS DENIED; WE DECLINE TO ISSUE A CERTIFICATE OF APPEALABILTIY AS PETITIONER HAS NEITHER SHOWN THE DENIAL OF A FEDERAL OR CONSTITUTIONAL RIGHT AND THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/29/18. 5/29/18 ENTERED AND COPIES E-MAILED. (jpd )

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

CIVIL ACTION
v.

NO. 15-4757

BRIAN V. COLEMAN, et al

ORDER
AND NOW, this 29th day of May 2018, upon considering Donte Rapley's Petition for
habeas relief under 28 U.S.C. § 2254 (ECF Doc. No. 1), as supplemented by his court-appointed
counsel upon leave (ECF Doc. No. 20), the Commonwealth's Responses (ECF Doc. Nos. 11, 23),
after evaluating witness credibility and evidence adduced at our noticed hearing presented by
experienced habeas counsel, and for reasons in the accompanying memorandum, it is

ORDERED:
1.

Mr. Rapley's Petition for habeas relief as supplemented with a counseled

memorandum (ECF Doc. Nos. 1, 20) is DENIED;
2.

We decline to issue a certificate of appealability as Mr. Rapley has neither shown

denial of a federal constitutional right, nor has he established reasonable jurists would disagree
with our findings based on his procedural defaults arising, from other things, application of wellsettled evidentiary and hearsay principles in the Pennsylvania courts requiring we find no
probable cause to issue a certificate of appealability; and,
3.

The Clerk of Court shall close this case.