HEMINGWAY v. FERGUSON et al

Filing 11

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED WITH PREJUDICE BY SEPARATE JUDGMENT, FILED CONTEMPORANEOUSLY WITH THIS ORDER; NO CERTIFICATE OF APPEALABILITY SHALL ISSUE; THE CLERK OF COURT SHALL MARK THIS FILE CLOSED. SIGNED BY HONORABLE GERALD A. MCHUGH ON 9/11/17. 9/12/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED.(jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SYLVAN HEMINGWAY,
Petitioner,

CIVIL ACTION

FILED

v.
No. 16-cv-02509-GAM

TAMMY FERGUSON, et al.,
Respondents

SEP 11 2017
BY.KATE BARi<MAN, Clerk
- - - D e p . Clerk

AND NOW this

/1 fl/

day of

.J~7 7,,·11-t"-, 2017, upon careful and

independent consideration of Sylvan Hemingway's petition for writ of habeas corpus
(Doc. No. 1), the Commonwealth's response in opposition (Doc. No. 6), and the Report
and Recommendation of U.S. 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. Hemingway's Petition for Writ of Habeas Corpus is DENIED and DISMISSED
with prejudice by separate Judgment, filed contemporaneously with this
Order. See Federal Rule of Civil Procedure 58(a); Rules Governing Section
2254 Cases in the United States District Courts, Rule 12;
3. No certificate of appealability shall issue under 28 U.S.C. § 2253(c)(1)(A)
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:

GERALD A. MCHUGH
U.S. District Judge

I