JOHNSON v. PHILADELPHIA PRISON SYSTEM et al

Filing 14

ORDER THAT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS DATED OCTOBER 25, 2016 IS APPROVED AND ADOPTED; PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. SECTION 2241 FILED BY PRO SE PETITIONER IS DISMISSE D AS MOOT; A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE BECAUSE REASONABLE JURISTS WOULD NOT DEBATE THIS COURT'S DECISION THAT THE PETITION DOES NOT STATE A VALID CLAIM OF THE DENIAL OF A CONSTITUTIONAL RIGHT AND IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE JAN E. DUBOIS ON 12/20/16. 12/22/16 ENTERED AND COPIES MAILED TO PETITIONER AND EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CARLTON JOHNSON,
Petitioner,

CIVIL ACTION

v.
PHILADELPHIA PRISON SYSTEM,
COMMISSIONER LOUIS GIORLA,
WARDEN M. FARRELL,
DEPUTY WARDEN MAJOR ABELLO, and
UNIT MANAGER LT. McALLISTER,
Respondents.

NO. 16-309

ORDER
AND NOW, this 20th day of December, 2016, upon consideration of Petition for Writ of Habeas
Corpus Under 28 U.S.C. § 2241 filed by pro se petitioner, Carlton Johnson, the record in this case, and
the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells dated
October 25, 2016, no objections having been filed, IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge Carol Sandra Moore

Wells dated October 25, 2016 is APPROVED AND ADOPTED;
2.

Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 filed by pro se petitioner, Carlton

Johnson is DISMISSED AS MOOT;
3.

A certificate of appealability will not issue because reasonable jurists would not debate this

Court’s decision that the petition does not state a valid claim of the denial of a constitutional right. See 28
U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000)
IT IS FURTHER ORDERED that the Clerk of Court shall mark this case CLOSED.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.