HEARD v. WETZEL et al

Filing 13

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED; PETITIONER'S REQUEST FOR AN EVIDENTIARY HEARING IS DENIED; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILTY AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED.SIGNED BY HONORABLE GERALD A. MCHUGH ON 2/1/17. 2/2/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JUSTIN HEARD, Petitioner, v. JOHN E. WETZEL et al., Respondents. : : : : : CIVIL ACTION No. 16-308 MCHUGH, J. FEBRUARY 1, 2017 ORDER This 1st day of February, 2017, upon careful and independent review of the petition for a writ of habeas corpus and consideration of the thorough and well-reasoned Report and Recommendation filed by U.S. Magistrate Judge Carol Sandra Moore Wells, and in light of the fact that no objections to Judge Wells’s R&R have been filed, it is hereby ORDERED that: 1. The R&R is APPROVED and ADOPTED; 2. The petition for a writ of habeas corpus is DENIED and DISMISSED; 3. Petitioner’s request for an evidentiary hearing is DENIED; 4. There is no probable cause to issue a certificate of appealability; and 5. The Clerk of Court shall mark this case closed for statistical purposes. /s/ Gerald Austin McHugh United States District Judge 1

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