HENRY v. SMITH et al

Filing 17

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED; A CERTIFICATE OF APPEALABILTY SHALL NOT ISSUE; THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 7/10/17. 7/11/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL JOSEPH HENRY,
Plaintiff,

CIVIL ACTION
NO. 16-5010

v.
BARRY SMITH, et al.,
Respondents.
ORDER

AND NOW, this 10th day of July 2017, upon careful consideration of the Petition for
Writ of Habeas Corpus (Doc. No. 3), the Response in Opposition to the Petition (Doc. No. 10),
Petitioner’s Reply (Doc. No. 11), the Report and Recommendation of United States Magistrate
Judge Marilyn Heffley (Doc. No. 13), and Petitioner’s Objections to the Report and
Recommendation (Doc. No. 14), it is ORDERED that:
1. The Report and Recommendation (Doc. No. 13) is APPROVED and ADOPTED.
2. The Petition for a Writ of Habeas Corpus (Doc. No. 3) is DENIED.
3. A Certificate of Appealability SHALL NOT issue because, based on the analysis
contained in the Magistrate Judge’s Report and Recommendation, as approved and
adopted by this Court, a reasonable jurist could not conclude that the Court is incorrect in
denying and dismissing the Habeas Petition. See 28 U.S.C. § 2253(c)(2); Slack v.
McDaniel, 529 U.S. 473 (2000).
4. The Clerk of Court shall close this case for statistical purposes.
BY THE COURT:

/ s / J oel H. S l om s k y
JOEL H. SLOMSKY, J.