ELLISON v. GARMAN et al

Filing 31

ORDER THAT ELLISON'S OBJECTIONS ARE OVERRULED AND MAGISTRATE JUDGE HEFFLEY'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; ELLISON'S PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED WITH PREJUDICE; NO CERTIFICATE OF APPEALABILITY SHALL ISSUE; THIS CASE SHALL BE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 10/31/17. 10/31/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LAMONT ELLISON, Petitioner, CIVIL ACTION NO. 16-0775 v. MARK GARMAN, et al., Respondents. ORDER AND NOW, this 31st day of October, 2017, upon consideration of the Petition for a Writ of Habeas Corpus and accompanying Memorandum of Law, (ECF Nos. 1 & 7), Respondents’ Response in Opposition, (ECF No. 18), the Report and Recommendation of U.S. Magistrate Judge Marilyn Heffley, (ECF No. 19), and Ellison’s Objections, (ECF No. 28), it is hereby ORDERED that: 1. Ellison’s objections are OVERRULED and Magistrate Judge Heffley’s Report and Recommendation is APPROVED and ADOPTED; 2. Ellison’s Petition for a Writ of Habeas Corpus is DENIED and DISMISSED with prejudice; 3. No certificate of appealability shall issue;1 4. This case shall be CLOSED for statistical purposes. BY THE COURT: /s/ Gerald J. Pappert GERALD J. PAPPERT, J. Reasonable jurists would not debate the Court’s disposition of petitioner’s claims. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). 1

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