PENNINGTON v. TICE et al

Filing 25

ORDERED THAT THE OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMEDATION IS APPROVED AND ADOPTED IN PART AS SET FORTH IN THE ACCOMPANYNG OPINION; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE AND WITHOUT AN EVIDENTIARY HEARING; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY AND THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/18/19. 3/19/19 ENTERED AND COPIES MAILED AND E-MAILED.(jpd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DEANDRE PENNINGTON,
Petitioner,
v.
ERIC TICE, et al.,
Respondents.

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CIVIL ACTION NO. 17-330

ORDER
AND NOW, this 18th day of March 2019, upon careful and independent consideration of
the pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 [Doc. No. 1], all
related filings, and upon review of the Report and Recommendation (“R&R”) of United States
Magistrate Judge Lynne A. Sitarski [Doc. No. 18], and the objections thereto, it is hereby
ORDERED that:
1.

The Objections are OVERRULED;

2.

The R&R is APPROVED and ADOPTED in part, as set forth in the

accompanying opinion;
3.

The Petition for Writ of Habeas Corpus [Doc. No. 1] is DISMISSED WITH

PREJUDICE and without an evidentiary hearing;
4.

There is no probable cause to issue a certificate of appealability; and

4.

The Clerk of Court is directed to CLOSE the case.

It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.