MITCHELL v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 15

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS DENIED; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE BECAUSE, BASED ON THE ANALYSIS CONTAINED IN THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, AS APPROVED AND ADOPTED BY THIS COURT AND THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 1/18/18. 1/19/18 ENTERED AND COPIES MAILED TO PETITIONER AND EMAILED TO COUNSEL.(jaa, )

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

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LONNIE JOSEPH MITCHELL,

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Petitioner,
CIVIL ACTION
NO. 17-3538

V.

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COMMONWEAL TH OF PENNSYLVANIA,
et al.,

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1:

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J,fa.[·~ PJ ;

Respondents.

BY===-"~~•<•"

ORDER

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AND NOW, this 18th day of January 2018, upon consideration of the Petition f@r a Writ
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of Habeas Corpus (Doc. No. 1), the Report and Recommendation of United States

M~gistrate
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Judge Henry S. Perkin (Doc. No. 12), and that the Report and Recommendation has rot been
objected to by the parties, it is ORDERED that:
1. The Report and Recommendation (Doc. No. 12) is APPROVED and ADOPTEJ.

2. The Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED.

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3. A Certificate of Appealability SHALL NOT issue because, based on the 1analysis
contained in the Magistrate Judge's Report and Recommendation, as approlyed and
adopted by this Court, Petitioner has not made a substantial showing of the

de~ial

of a

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constitutional right and reasonable jurists would not debate the correctness of thf.s ruling.
See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473 (2000).
4. The Clerk of Court shall close this case for statistical purposes.
BY THE COURT:

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