JONES v. OVERMYER et al
ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE AND WITHOUT AN EVIDENTIARY HEARING; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILTIY AND THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/5/18. 3/6/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DONTEY H. JONES
CIVIL ACTION NO. 16-5466
SUPT. MICHAEL OVERMYER, et al.
MAR, -5 2018
B.i. '"-···" ~"-~-- ..
AND NOW, this 5th day of March 2018, upon careful and independent consideration of
the Petition for Writ of Habeas Corpus, and all related filings, and upon review of the Report and
Recommendation ("R&R") of United States Magistrate Judge David R. Strawbridge, to which no
objections have been filed, it is hereby ORDERED that:
The Report and Recommendation is APPROVED and ADOPTED 1;
The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE
and without an evidentiary hearing;
There is no probable cause to issue a certificate of appealability 2 ; and
The Clerk of Court is directed to CLOSE the case.
It is so ORDERED.
The Court agrees with the careful analysis set forth in the R&R, and the conclusion that the state courts
reasonably rejected Petitioner's claims of ineffective assistance of counsel. The voluntariness of Petitioner's
confession was considered on the merits in the state courts, and as the record included Petitioner's testimony at trial,
counsel's alleged ineffectiveness in not having Petitioner testify at the suppression hearing did not result in
There is no basis for concluding that "reasonable jurists could debate whether ... the petition should have
been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed
further." Slack v. McDaniel, 529 U.S. 473, 484 (2000) (internal citation omitted).
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?