CRUZ-WEST v. SUPERINTENDENT, SCI FAYETTE et al

Filing 39

ORDER THAT CRUZ-WEST OBJECTIONS ARE OVERRULED. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. CRUZ-WEST'S PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. IS DENIED WITH PREJUDICE AND DISMISSED WITHOUT AN EVIDENTIARTY HEARING. JUDGMENT IS ENTERED IN FAVOR OF RESPONDENTS. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED; ETC.. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 3/3/20. 3/3/20 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AMIR CRUZ-WEST
v.
SUPERINTENDENT, SCI FAYETTE, et
al.

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:
:
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CIVIL ACTION
No. 17-1262

ORDER
AND NOW, this 3rd day of March, 2020, upon careful and independent consideration of
Petitioner Amir Cruz-West’s Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254, and after
de novo review of the Report and Recommendation of United States Magistrate Judge David R.
Strawbridge and Cruz-West’s objections, and for the reasons stated in the accompanying
Memorandum, it is ORDERED:
1.

Cruz-West’s objections (Document 36) are OVERRULED.

2.

The Report and Recommendation (Document 31) is APPROVED and ADOPTED.

3.

Cruz-West’s Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241
(Document 1) is DENIED with prejudice and DISMISSED without an evidentiary
hearing.

4.

Judgment is entered in favor of Respondents.

5.

Cruz-West having failed to make a substantial showing of the denial of a
constitutional right, i.e., that reasonable jurists would disagree with this Court’s
procedural or substantive rulings on Cruz-West’s claims, a certificate of
appealability shall not issue. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529
U.S. 473, 483-84 (2000).

The Clerk of Court is DIRECTED to mark this case closed.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, C.J.

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