NASH v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 9

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED;NO CERTIFICATE OF APPEALABILITY SHALL ISSUE; THE CLERK OF COURT SHALL MARK THIS FILE CLOSED. SIGNED BY HONORABLE WENDY BEETLESTONE ON 4/17/17. 4/18/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd)

Case 2:16-cv-06387-WB Document 7-1 Filed 03/30/17 Page 1of2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMEICE NASH
Petitioner

v.

Civil No.

COMMONWEALTH OF
PENNSYLVANIA
Respondents

16-cvFiCED
APR 17 2017
KATE BARKMAN, Clerk
BY,
Dep. Clerk

ORDER

AND NOW this

-~'~1_f'Y' day of Aid
__

, 2017, upon careful and

independent consideration of Jameice Nash's petition for writ of habeas corpus (Doc.
No. 1), and the Report and Recommendation of U.S. Magistrate Judge Richard A. Lloret,
it is ORDERED that:
1.

The Report and Recommendation of Magistrate Judge Richard A. Lloret is
APPROVEDandADOPTED;

2. Nash's Petition for Writ of Habeas Corpus is DENIED and DISMISSED
without prejudice;
3. No certificate of appealability shall issue under 28 U.S.C. § 2253(c)(1)(A)
because "the applicant has [not] made a substantial showing of the denial of a
constitutional right[,]" under 28 U.S.C. § 2253(c)(2), since he has not
demonstrated that "reasonable jurists" would find my "assessment of the
constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473,
484 (2000); see United States v. Cepero, 224 F.3d 256, 262-63 (3d Cir.
2000), abrogated on other grounds by Gonzalez v. Thaler, __ U.S. __,
132 S. Ct. 641 (2012); and,

Case 2:16-cv-06387-WB Document 7-1 Filed 03/30/17 Page 2 of 2

4. The Clerk of Court shall mark this file closed.

HON. WENDY EETLESTONE
U.S. District Judge