IN RE: HOUSE

Filing 17

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AS MOOT AND DISMISSED WITHOUT AN EVIDENTIARY HEARING; THE RESPONDENTS MOTION FOR SUMMARY JUDGMENT IS GRANTED; A CERTIFICATE OF APPEALABILTIY WILL NOT ISSUE. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 10/18/17. 10/19/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JUAN CARLOS HOUSE,
Petitioner,
v.

DELAWARE COUNTY COMMON
PLEAS COURT, et al.,

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CIVIL ACTION
NO. 17-2578
HABEAS CASE

Respondents.
ORDER
AND NOW, this 17th day of October, 2017, upon consideration of the
petitioner’s petition for writ of habeas corpus (Doc. No. 3) and the respondent’s motion
for summary judgment and supporting memorandum (Doc. No. 10), and after review of
the thorough and well-reasoned Report and Recommendation of United States Magistrate
Judge Henry S. Perkin (Doc. No. 11), IT IS HEREBY ORDERED that:
1.

The Report and Recommendation is APPROVED and ADOPTED.

2.

The petition for writ of habeas corpus is DENIED as moot and

DISMISSED without an evidentiary hearing.
3.

The respondents’ motion for summary judgment is GRANTED.

4.

A certificate of appealability WILL NOT ISSUE.
BY THE COURT

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, C.J.