BARRIOS v. COMMON PLEAS COURT OF PHILA. COUNTY et al

Filing 10

ORDER THAT THE REPORT AND RECOMMENDATION (ECF DOC. NO. 8) IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS (ECF DOC. NO. 1) IS DENIED WITH PREJUDICE AND DISMISSED WITHOUT AN EVIDENTIARY HEARING; 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 12/12/17. 12/12/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ERIKSON BARRIOS CIVIL ACTION v. NO. 17-3193 COMMON PLEAS COURT OF PHILADELPHIA, et al ORDER AND NOW, this 12th day of December 2017, upon our independent consideration of the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF Doc. No. 1), the Response to the Petition (ECF Doc. No. 7), and review of United States Magistrate Judge Henry S. Perkin's November 22, 2017 Report and Recommendation (ECF Doc. No. 8), it is ORDERED: 1. Judge Perkin's analysis in the Report and Recommendation (ECF Doc. No. 8) is APPROVED and ADOPTED; 2. Mr. Barrios' Petition for Writ of Habeas Corpus (ECF Doc. No. 1) is DENIED with prejudice and DISMISSED without an evidentiary hearing; 3. 4. 1 There is no probable cause to issue a certificate of appealability; 1 and, The Clerk of Court shall close this case. See28 U.S.C. § 2253(c)(2); Slackv. McDaniel, 529 U.S. 473, 484 (2000).

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