HARRIS v. FERGUSON et al

Filing 55

ORDERED THAT THE OBJECTIONS ARE OVERRULED; THE SUPPLEMENTAL REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE ADDENDUM/SUPPLEMENT TO THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DIMSSED WITH PREJUDICE BY SEPARATE JUDGMENT, A CERTIFICATE OF APPEALABIILITY SHALL NOT ISSUE AND THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE GERALD A. MCHUGH ON 10/31/19. 11/1/19 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TYRIRK HARRIS
v.
TAMMY FERGUSON, et al.

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CIVIL ACTION

NO. 17-cv-01718

ORDER
AND NOW this 31st day of October, 2019, upon careful and independent
consideration of Tyrirk Harris’ addendum-supplement to his petition for writ of habeas
corpus (Doc. No. 31), the Commonwealth’s response in opposition (Doc. No. 41), the
petitioner’s reply (Doc. No. 46) and the Supplemental Report and Recommendation of
U.S. Magistrate Judge Richard A. Lloret, Petitioner’s Objections (Doc. No. 53), and the
Commonwealth’s Response (Doc. No. 54), it is ORDERED that:
1. The objections are overruled;
2. The Supplemental Report and Recommendation of Magistrate Judge Richard
A. Lloret is APPROVED and ADOPTED;
3. Harris’ Addendum/Supplement to the Petition for Writ of Habeas Corpus is
DENIED and DISMISSED with prejudice by separate Judgment, filed
contemporaneously with this Order. See Federal Rule of Civil Procedure
58(a); Rules Governing Section 2254 Cases in the United States District
Courts, Rule 12;
4. 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, 565 U.S. 134
(2012); and,
5. The Clerk of Court shall mark this file closed.

BY THE COURT:
/s/ Gerald Austin McHugh
HON. GERALD A. MCHUGH
U.S. District Judge