RODRIGUEZ v. MAY et al

Filing 14

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; RODRIGUEZ'S PETITIONS FOR WRIT OF HABEAS CORPUS ARE DENIED AND DISMISSED WITHOUT PREJUDICE BY SEPARATE JUDGMENT, FILED CONTEMPORANEOUSLY WITH THIS ORDER. NO CERTIFICATE OF APPEALABILITY SHALL ISSUE. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 7/18/17. 7/18/17 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
JUAN RODRIGUEZ

CIVIL ACTION

v.
GERALD MAY et al

AND NOW this

NO. 16-cv-05353-LS

I(

day o f + · 2017, upon careful and

independent consideration of Juan Rodriguez's petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254 (Doc. No. 1), the revised petition (Doc. No. 5), Juan
Rodriguez's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. No. 5),
the Commonwealth's response in opposition (Doc. No. 11), 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. Rodriguez's Petitions for Writ of Habeas Corpus are DENIED and
DISMISSED without 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,

ENTERED
JUL 18 2017

CLERK OF COURT

484 (2000); see United States v. Cepero, 224 F.3d 256, 262-63 (3d Cir.

2000), abrogated on other grounds by Gonzalez v. Thaler, 565 U.S. 134
(2012); and

4. The Clerk of Court shall mark this file closed.

BY THE COURT:

iJO&LAWRENCE F. STENGEL
U.S. District Judge