MCLEARY v. FERGUSON et al

Filing 32

ORDER THAT MC LEARY'S OBJECTIONS (DOC. 31) ARE OVERRULED; THE REPORT AND RECOMMENDATION (DOC. NO. 26) IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DENIED; AND THERE HAS BEEN NO SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT WARRANTING THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 6/29/17. 6/30/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL FREEMAN MCLEARY
v.
TAMMY FERGUSON, et al.

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CIVIL ACTION
No. 15-6524

ORDER
AND NOW, this 29th day of June, 2017, upon careful and independent consideration of
Petitioner Michael Freeman McLeary’s Petition for Writ of Habeas Corpus Under 28 U.S.C.
§ 2254, and after de novo review of the Report and Recommendation of United States Magistrate
Judge Linda K. Caracappa and McLeary’s objections thereto, it is ORDERED:
1.

McLeary’s objections (Document 31) are OVERRULED1;

2.

The Report and Recommendation (Document 26) is APPROVED and ADOPTED;

3.

McLeary’s Petition for Writ of Habeas Corpus (Document 1) is DENIED; and

4.

There has been no substantial showing of the denial of a constitutional right

warranting the issuance of a certificate of appealability.
The Clerk of Court is directed to mark this case CLOSED.

BY THE COURT:

/s/ Juan R. Sánchez .
Juan R. Sánchez, J.

1

In her Report and Recommendation (R&R), Judge Caracappa recommends denial of McLeary’s
habeas petition on the basis of procedural default. On February 14, 2017, McLeary filed objections
to the R&R, which are wholly unintelligible and in no way address the merits of his claim or the
R&R. In any event, because the Court agrees with the R&R that McLeary’s claims are
procedurally defaulted, it will overrule the objections and deny the petition.