GARCIA v. CLARK et al

Filing 32

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITIONER'S OBJECTIONS TO THE 8/30/17, REPORT AND RECOMMENDATION BY U.S. MAGISTRATE JUDGE MARILYN HEFFLEY, ARE OVERRULED. THE PETITION FOR WRIT OF HABEAS CORPUS FILED BY PETITIO NER IS DENIED. PETIITONER'S REQUEST FOR AN EVIDENTIARY HEARING IS DENIED; AND A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE.. SIGNED BY HONORABLE JAN E. DUBOIS ON 3/20/18. 3/22/18 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 20th day of March, 2018, 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 Report and Recommendation of United States Magistrate Judge
Marilyn Heffley dated August 30, 2017 (Document No. 22), Petitioner’s Objections to the
August 30, 2017, Report and Recommendation by U.S. Magistrate Judge Marilyn Heffley
(Document No. 28, filed December 4, 2017), and the record in this case, 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.

Petitioner’s Objections to the August 30, 2017, Report and Recommendation by

U.S. Magistrate Judge Marilyn Heffley are OVERRULED. Many of the Objections are
addressed in the Report and Recommendation with which the Court agrees and are overruled for
the reasons provided in the Report and Recommendation. Objections not specifically addressed

in the Report and Recommendation are overruled on the ground that, individually and considered
together, they are insufficient to warrant the granting of the requested relief;
3.

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;
4.

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

Garcia, is DENIED; and,
5.

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

debate (a) this Court’s decision that the petition does not state a valid claim of the denial of a
constitutional right, or (b) the propriety of this Court’s procedural rulings with respect to
petitioner=s claims. 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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