DOMAN v. HARRY et al

Filing 15

ORDER THAT CHIEF JUDGE CARACAPPA'S EXTENSIVE AND WELL-REASONED REPORT AND RECOMMENDATION (ECF DO. NO. 12) IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS (ECF DO. NO. 1) IS DENIED WITH PREJUDICE; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/23/16. 12/23/16 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
RAYMOND S. DOMAN,
Petitioner,
CIVIL ACTION

v.
LARUEL HARRY,

No. 16-1602
Respondent.

ORDER
AND NOW, this 23rd day of December 2016, upon independent consideration of Mr.

Doman's pro se Petition for Writ of Habeas Corpus (ECF Doc. No. 1), the Report and
Recommendation of United States Chief Magistrate Judge Linda K. Caracappa (ECF Doc. No.
12), with no filed Objections, and finding no basis for habeas review of challenges to the state

court's jury instructions, sufficiency of evidence for the jury's verdict of guilt as to recklessly
endangering another person, and ineffectiveness of counsel in failing to challenge transfer of
venue, it is ORDERED:
1.

Chief

Judge

Caracappa's

extensive

and

well-reasoned

Report

and

Recommendation (ECF Doc. No. 12) is APPROVED and ADOPTED;
2.

The Petition for Writ of Habeas Corpus (ECF Doc. No. 1) is DENIED with

prejudice;

3.

There is no probable cause to issue a certificate of appealability; and,

4.

The Clerk of Court shall mark this case closed for statistical purposes.