HENDERSON v. COURT OF COMMON PLEA PHILADELPHIA COUNTY et al

Filing 12

ORDER THAT THE CLERK OF COURT SHALL DOCKET HENDERSON'S LETTER TO THE COURT AS HIS OBJECTIONS TO JUDGE RUETER'S REPORT AND RECOMMENDATION. JUDGE RUETER'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; CLAIMS I-III OF HENDERSON' S PETITION FOR WRIT OF HABEAS CORPUS ARE DISMISSED WITH PREJUDICE; CLAIM IV OF HENDERSON'S PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE. WE DECLINE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 7/18/16. 7/19/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARK HENDERSON
v.
COURT OF COMMON PLEAS OF
PHILADELPHIA COUNTY, et al.

:
:
:
:
:
:

CIVIL ACTION

NO. 16-2445

ORDER
AND NOW, this 18th day of July, 2016, upon consideration of Mark Henderson’s
pro se petition for writ of habeas corpus, and after careful review of Magistrate Judge Thomas J.
Rueter’s Report and Recommendation in this matter (docket entry # 9), and petitioner
Henderson’s objections thereto, it is hereby ORDERED that:
1.

The Clerk of Court shall DOCKET Henderson’s letter to the Court as his

objections to Judge Rueter’s Report and Recommendation;
2.

Judge Rueter’s Report and Recommendation is APPROVED and

3.

Claims I-III of Henderson’s petition for writ of habeas corpus are

ADOPTED;

DISMISSED WITH PREJUDICE;
4.

Claim IV of Henderson’s petition for writ of habeas corpus is

DISMISSED WITHOUT PREJUDICE;
5.

We DECLINE to issue a certificate of appealability; 1 and

6.

The Clerk of Court shall CLOSE this case statistically.

.

BY THE COURT:

/s/ Stewart Dalzell, J.

1

A certificate of appealability should issue only when reasonable jurists could disagree
with our ruling, see Slack v. McDaniel, 529 U.S. 473, 484 (2000), and that is not the case here.