JONES v. DELBASO et al

Filing 20

MEMORANDUM AND ORDER THAT REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE WELLS (DOC. 13)IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS (DOCS. 1, 10) IS DENIED. THE COURT FINDS THAT PETITIONER HAS FAILED TO MAKE A SUBSTANTIAL SHOWING O F DENIAL OF A CONSTITUTIONAL RIGHT AND ACCORDINGLY A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE. THE CLERK OF COURT SHALL CLOSE THE ABOVE CAPTIONED CASE. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 5/20/19. 5/21/19 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TYRELL J. JONES,
Petitioner,

CIVIL ACTION
NO. 16-5634

v.
THERESA DELBASO, et al.,
Respondents.
ORDER

AND NOW, this 20th day of May 2019, upon consideration of the pro se Petition for
Writ of Habeas Corpus (Doc. No. 1), the Government’s Response to the Petition for Writ of
Habeas Corpus (Doc. No. 8), the Amended Petition for Writ of Habeas Corpus (Doc. No. 10), the
Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells (Doc.
No. 13), Petitioner’s Objections to the Report and Recommendation (Doc. No. 17), and in
accordance with the Opinion of the Court issued this day, it is ORDERED as follows:
1. The Report and Recommendation of Magistrate Judge Wells (Doc. No. 13) is
APPROVED and ADOPTED;
2. The Petition for a Writ of Habeas Corpus (Doc. Nos. 1, 10) is DENIED;
3. The Court finds that Petitioner has failed to make a substantial showing of denial of a
constitutional right and accordingly a certificate of appealability SHALL NOT issue.
4. The Clerk of Court shall close the above-captioned case.

BY THE COURT:

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