BURRIS v. DELBALSO et al

Filing 26

ORDER THAT THE REPORT AND RECOMMENDATION (ECF DOC. NO. 21) IS APPROVED AS WE OVERRULE PETITIONER'S OBJECTIONS (ECF DO. NO. 24); WE DENY THE MOTION FOR APPOINTMENT OF COUNSEL (ECF DOC. NO. 1-5) AS MOOT; WE DENY AND DISMISS THE PETITION FOR A WRIT OF HABEAS CORPUS (ECF DOC. NO. 1) WITH PREJUDICE; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/9/18. 10/9/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED TO COUNSEL.(pr, )

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

PERRY BURRIS
v.
TERESA DALBALSO, et al.

: CIVIL ACTION
:
: NO. 17-2161
:
:

ORDER
AND NOW, this 9th day of October 2018, upon careful and independent consideration of
the Petition for a writ of habeas corpus (ECF Doc. No. 1), the Response to the Petition (ECF Doc.
No. 20), United States Magistrate Judge Marilyn Heffley’s August 30, 2018 Report and
Recommendation (ECF Doc. No. 21), Petitioner’s Objections (ECF Doc. No. 24), and for reasons
in the accompanying Memorandum, it is ORDERED:
1.

Judge Heffley’s comprehensive August 30, 2018 Report and Recommendation

(ECF Doc. No. 21) is APPROVED as we overrule Petitioner’s objections (ECF Doc. No. 24);
2.

We DENY the Motion for appointment of counsel (ECF Doc. No. 1-5) as moot;

3.

We DENY and DISMISS the Petition for a writ of habeas corpus (ECF Doc. No.

1) with prejudice;
4.

There is no probable cause to issue a certificate of appealability 1; and,

5.

The Clerk of Court shall CLOSE this case.

/s/ Mark A. Kearney
KEARNEY, J.

1

Slack v. McDaniel, 529 U.S. 473, 484 (2000).