JONES v. OVERMYER et al

Filing 12

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 )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DONTEY H. JONES Petitioner, v. CIVIL ACTION NO. 16-5466 SUPT. MICHAEL OVERMYER, et al. Respondents. MAR, -5 2018 ORDER B.i. '"-ยทยทยท" ~"-~-- .. 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: 1. The Report and Recommendation is APPROVED and ADOPTED 1; 2. The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE and without an evidentiary hearing; 3. There is no probable cause to issue a certificate of appealability 2 ; and 4. The Clerk of Court is directed to CLOSE the case. It is so ORDERED. 1 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 prejudice. 2 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).

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