GERSTEMEIER v. SUPERIOR et al

Filing 5

ORDER THAT THE REPORT AND RECOMMENDATION (DOC. NO. 3) IS APPROVED AND ADOPTED; GERSTEMEIER'S PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DISMISSED WITHOUT PREJUDICE; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 5/22/17. 5/23/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (pr, )

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

:
:
:
:
:
:

v.
ATTORNEY GENERAL JOSH
SUPERIOR, et al.

CIVIL ACTION
No. 17-1838

ORDER
AND NOW, this 22nd day of May, 2017, upon careful and independent consideration of
Petitioner Jonathan Gerstemeier’s pro se Petition for Writ of Habeas Corpus pursuant to 28
U.S.C. § 2241, and upon de novo review of the Report and Recommendation of United States
Magistrate Judge David R. Strawbridge, to which no objections have been filed,1 it is
ORDERED:
1.

The Report and Recommendation (Document 3) is APPROVED and ADOPTED;

2.

Gerstemeier’s petition for writ of habeas corpus (Document 1) is DISMISSED

WITHOUT PREJUDICE;
3.

A certificate of appealability shall not issue, as Gerstemeier has failed to show

that jurists of reason would find it debatable whether the procedural and substantive
rulings adopted herein are correct; and
4.

The Clerk of Court is directed to mark this case CLOSED.
BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.
1

.

The Report and Recommendation was sent to all parties of record on May 2, 2017, together
with a Notice from the Clerk of Court advising the parties of their obligation to file any
objections within 14 days after service of the Notice. See Local R. Civ. P. 72.1 IV(b) (“Any
party may object to a magistrate judge’s proposed findings, recommendations or report under 28
U.S.C. § 636(b)(1)(B), and subsections 1(c) and (d) of this Rule within fourteen (14) days after
being served with a copy thereof.”). As of today’s date, no objections have been filed.

2