DAVIS v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS

Filing 15

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITHOUT PREJUDICE AND DISMISSED WITHOUT AN EVIDENTIARY HEARING AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE GERALD A. MCHUGH ON 1/9/18. 1/10/18 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF. (jpd )

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

RAFIYQ DAVIS,

CIVIL ACTION
Petitioner,

v.

NO. 17-0846

PENNSYLVANIA DEPARTMENT OF
CORRECTIONS, et al.,
Respondents.

JAN -9 2013

ORDER
AND NOW, this

jll day of ::JAJ J41/

, 201 :h, upon consideration of

the Petition for Writ of Habeas Corpus (Dkt. Nos. 4, 6), the Answer to the Petition (Dkt. No. 10),
and after review of the Report and Recommendation of United States Magistrate Judge Henry S.
Perkin dated December 13, 2017,
IT IS HEREBY ORDERED that:
1.

the Report and Recommendation is APPROVED and ADOPTED;

2.

the Petition for Writ of Habeas Corpus (Docket No. 3) is DENIED without

prejudice and DISMISSED without an evidentiary hearing; and
3.

there is no probable cause to issue a certificate of appealability.

BY THE COURT:

GERALD A McHUGH, J.