AGUIERE v. TICE et al

Filing 18

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS DISMISSED; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED, ETC. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 10/4/18. 10/4/18 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FERDINAND AGUIRRE,
Petitioner,

CIVIL ACTION

FIL

V.

A ..

OCT O4 2018

ERIC TICE, et al.,
Respondents.

NO.

16-5464

KAT BAPKMP.N, Clerk
E

y

ORDER
AND NOW, this

'f./4,

day of

, 2018, upon careful and

independent consideration of the petition for a writ of habeas corpus, the counseled brief, the
response, and available state court records, and after review of the Report and Recommendation of
United States Magistrate Judge David R. Strawbridge, it is ORDERED that:
1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

The petition for a writ of habeas corpus is DISMISSED;

3.

A certificate of appealability SHALL NOT issue, in that the Petitioner has not

demonstrated that reasonable jurists would debate the correctness of this procedural ruling. See
28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473,484 (2000) ; and
4.

The Clerk of the Court shall mark this case CLOSED for statistical purposes.
BY THE COURT:

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(ktH . S W ~ .
EL ~

Dep. Clerk