GARCIA v. CLARK et al

Filing 24

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION UNDER 28 USC, SECTION 2254 FOR WRIT OF HABEAS CORPUS IS DENIED FOR THE REASONS STATED IN THE REPORT AND RECOMMENDATION; PETITIONER'S REQUEST FOR AN EVIDENTIARY HEARING IS DENIED; AND A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE.. SIGNED BY HONORABLE JAN E. DUBOIS ON 10/10/17. 10/12/17 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
RAFAEL GARCIA,

CIVIL ACTION
Petitioner,

v.
MICHAEL CLARK,
THE DISTRICT ATTORNEY OF THE
COUNTY OF PHILADELPHIA, and
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Respondents.

NO. 16-5743

ORDER
AND NOW, this 10th day of October, 2017, upon consideration of Petition Under 28
U.S.C. § 2254 for Writ of Habeas Corpus filed by pro se petitioner, Rafael Garcia (Document
No. 1, filed November 3, 2016), Petitioner’s Request for an Evidentiary Hearing (Document No.
20, filed August 3, 2017), the record in this case, and the Report and Recommendation of United
States Magistrate Judge Marilyn Heffley dated August 30, 2017, no objections having been filed,
IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge Marilyn

Heffley dated August 30, 2017, is APPROVED and ADOPTED;
2.

The Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus filed by pro se

petitioner, Rafael Garcia, is DENIED for the reasons stated in the Report and Recommendation
of United States Magistrate Judge Marilyn Heffley dated August 30, 2017;
3.

Petitioner’s Request for an Evidentiary Hearing filed by pro se petitioner, Rafael

Garcia, is DENIED; and,

4.

A certificate of appealability will not issue because reasonable jurists would not

debate this Court’s decision that the Petition does not state a valid claim of the denial of a
constitutional right. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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