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 )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JUAN CARLOS HOUSE, Petitioner, v. DELAWARE COUNTY COMMON PLEAS COURT, et al., : : : : : : : : : : 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.

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