FUTURE v. TICE et al

Filing 7

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; FUTURE'S PETITION FOR WRIT OF HABEAS CORPUS IS TRANSFERRED TO THE MIDDLE DISTRICT OF PA; NO CERTIFICATE OF APPEALABILITY SHALL ISSUE. THE CLERK OF COURT IS DIRECTED TO TRANSFER THE PETITION FOR HABEAS CORPUS TO THE U.S. COURT FOR THE MIDDLE DISTRICT OF PA AND MARK THE MATTER CLOSED.. SIGNED BY HONORABLE LEGROME D. DAVIS ON 5/9/17. 5/9/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. Modified on 5/10/2017 (pr, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

TONIE FUTURE,

Petitioner

v.
No. 16-cv-06542-LDD
SUPERINTENDENT TICE, et al

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Respondents
AND NOW this

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day of

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, 2017, upon careful and

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independent consideration of Tonie Future'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
APPROVED and ADOPTED;

2. Future's Petition for Writ of Habeas Corpus is TRANSFERRED to the Middle
District of Pennsylvania;
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,

ENTERED.
MAY 1 0 2017

CLERK OF COURT

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4. The Clerk of Court is directed to transfer the petition for habeas corpus to the
United States District Court for the Middle District of Pennsylvania and mark
the matter closed.

BY THE COURT:

ls! Legrome D. Davis
HON. LEGRO MED. DAVIS
U.S. District Judge
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