IVEY v. LANE

Filing 32

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 12/11/18. 12/12/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED.(jpd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STARSKY IVEY,
Petitioner,

CIVIL ACTION
NO. 17-0310

v.
JAY LANE, SUPERINTENDENT, et al.,
Respondents.
ORDER

AND NOW, this 11th day of December 2018, upon consideration of Petitioner’s Petition
for a Writ of Habeas Corpus (Doc. Nos. 1, 5), the Government’s Response (Doc. No. 22),
Petitioner’s Reply (Doc. No. 24), the Report and Recommendation of United States Magistrate
Judge Henry S. Perkin (Doc. No. 26), and Petitioner’s Objections to the Report and
Recommendation (Doc. No. 29), it is ORDERED that:
1.

The Report and Recommendation (Doc. No. 26) is APPROVED and ADOPTED.

2.

The Petition for a Writ of Habeas Corpus (Doc. Nos. 1, 5) is DENIED.

3.

A Certificate of Appealability SHALL NOT issue because, based on the analysis
contained in the Magistrate Judge’s Report and Recommendation, as approved and
adopted by this Court, a reasonable jurist could not conclude that the Court is
incorrect in denying and dismissing the Habeas Petition.
2253(c)(2); Slack v. McDaniel, 529 U.S. 473 (2000).

4.

The Clerk of Court shall close this case for statistical purposes.
BY THE COURT:

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

See 28 U.S.C. §