STALEY v. WINGARD et al

Filing 21

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

BRANDON STALEY
vs.
TREVOR A. WINGARD, et al.

:

CIVIL ACTION

:
:

NO. 15-CV-6067

ORDER
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:
1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

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;

3.

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

4.

The Clerk of Court shall mark this file closed.

BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER, J.