BARNES v. KAUFFMAN et al
Filing
14
ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; BARNES' PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DENIED WITH PREJUDICE; NO CERTIFICATE OF APPEALABILITY SHALL ISSUE; THE CLERK OF COURT SHALL MARK THIS FILE CLOSED.. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 7/14/16. 7/15/16 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
DERRICK BARNES,
Petitioner,
v.
KEVIN KAUFFMAN, et al.,
Respondents.
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CIVIL ACTION
No. 16-CV-0772
ORDER
AND NOW, this 14th day of July, 2016, upon careful and independent
consideration of Derrick Barnes’ petition for writ of habeas corpus (Doc. No. 1), and the
Commonwealth’s response in opposition (Doc. No. 4), and the Report and
Recommendation of Magistrate Judge Richard A. Lloret, it is ORDERED that:
1. The Report and Recommendation of Magistrate Judge Richard A. Lloret
is APPROVED and ADOPTED;
2. Barnes’ petition for writ of habeas corpus (Doc. No. 1) is DENIED with
prejudice;
3. No certificate of appealability shall issue, 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, ___ U.S. ___, 132 S.
Ct. 641 (2012); and,
4. The Clerk of Court shall mark this file closed.
BY THE COURT:
/s/ Petrese B. Tucker
__________________________
HON. PETRESE B. TUCKER
U.S. District Court Judge
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