MCCRACKEN v. DUNN et al

Filing 33

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES INCLUDING STATISTICS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/15/18. 8/16/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED.(jpd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THEODORE AARON MCCRACKEN
Plaintiff,
v.
LEON L. DUNN et al.,
Defendants.

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CIVIL ACTION

No. 17-3129

ORDER
AND NOW, on this 15th day of August, 2018, upon consideration of the Petition for a
Writ of Habeas Corpus (Doc. No. 1), the Report and Recommendation recommending denial of
the writ (Doc. No. 31) and the lack of objections thereto, it is hereby ORDERED that:
1. The Report & Recommendation (Doc. No. 31) is APPROVED and ADOPTED.
2. The Petition for Writ of Habeas Corpus (Doc. No. 1) is DENIED.
3. There is no probable cause to issue a certificate of appealability. 1
4. The Clerk of Court shall mark this case CLOSED for all purposes, including
statistics.

BY THE COURT:

/s/ Gene E.K. Pratter
GENE E.K. PRATTER
UNITED STATES DISTRICT JUDGE

1

A certificate of appealability may issue only upon “a substantial showing of the denial of a
constitutional right.” 28 U.S.C. § 2253(c)(2). A petitioner must “demonstrate that reasonable jurists
would find the district court’s assessment of the constitutional claims debatable or wrong.” Slack v.
McDaniel, 529 U.S. 473, 484 (2000); Lambert v. Blackwell, 387 F.3d 210, 230 (3d Cir. 2004). The Court
agrees with U.S. Magistrate Judge Rice that there is no probable cause to issue such a certificate in this
action.