DOBBINS v. FIRST JUDICIAL ATTORNEY

Filing 7

ORDER THAT THE REPORT AND RECOMMENDATION (DOC. NO. 5) IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) AND THE REVISED PETITION FOR HABEAS CORPUS (DOC. NO. 3) ARE DENIED AND DISMISSED WITHOUT PREJUDICE; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 4/3/18. 4/3/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (pr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CHARLES DOBBINS, Petitioner, CIVIL ACTION NO. 18-151 v. FIRST JUDICIAL ATTORNEY, et al., Respondents. ORDER AND NOW, this 3rd day of April 2018, upon consideration of the Petition for Habeas Corpus Pursuant to Title 28 Section 2241 (Doc. No. 1), Petitioner’s Revised Petition for Habeas Corpus (Doc. No. 3), the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski (Doc. No. 5), and that no objection has been made to the Report and Recommendation by the parties, it is ORDERED that: 1. The Report and Recommendation (Doc. No. 5) is APPROVED and ADOPTED. 2. The Petition for Habeas Corpus (Doc. No. 1) and the Revised Petition for Habeas Corpus (Doc. No. 3) are DENIED and DISMISSED WITHOUT PREJUDICE. 3. 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, a reasonable jurist could not conclude that the Court is incorrect in denying and dismissing the Habeas Petition. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473 (2000). 1 4. The Clerk of Court shall close this case for statistical purposes. BY THE COURT: / s / J oel H. S l om s k y JOEL H. SLOMSKY, J. 2

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