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)

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

JUSTIN HEARD,
Petitioner,
v.
JOHN E. WETZEL et al.,
Respondents.

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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

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