STALEY v. WINGARD et al
ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED WITH PREJUDICE; NO CERTIFICATE OF APPEALABILITY SHALL ISSUE AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE J. CURTIS JOYNER ON 10/10/17. 10/13/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TREVOR A. WINGARD, et al.
AND NOW, this 10th day of October, 2017, upon careful
and independent consideration of Brandon Staley’s petition for
Writ of Habeas Corpus (Document #11), the Commonwealth’s response
in opposition (Document #14) and the Petitioner’s objections
thereto (Document #17), and after review of the Report and
Recommendation of United States Magistrate Judge Richard A.
Lloret, it is hereby ORDERED that:
The Report and Recommendation is APPROVED and ADOPTED;
The Petition for Writ of Habeas Corpus is DENIED and
DISMISSED with prejudice by separate Judgment, filed
contemporaneously with this Order. See Federal Rule of
Civil Procedure 58(a); Rules Governing Section 2254 Cases
in the United States District Courts, Rule 12;
No certificate of appealability shall issue under 28
U.S.C. §2253(c)(1)(A) because “the applicant has [not]
made a substantial showing of the denial of a
constitutional right[,]“ under 28 U.S.C. § 2253(c)(2),
since he has not demonstrated that “reasonable jurists”
would find my “assessment of the constitutional claims
debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484
(2000); see United States v. Cepero, 224 F.3d 256, 262-63
(3d Cir. 2000), abrogated on other grounds by Gonzalez v.
Thaler, 565 U.S. 134 (2012); and
The Clerk of Court shall mark this file closed.
BY THE COURT:
s/J. Curtis Joyner
J. CURTIS JOYNER, J.
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