SMITH v. LUTHER et al

Filing 8

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR A WRIT OF HABEAS CORPUS IS DISMISSED, WITHOUT AN EVIDENTIARY HEARING; AND PETITIONER HAS NEITHER SHOWN DENIAL OF A FEDERAL CONSTITUTIONAL RIGHT, NOR ESTABLISHED THAT R EASONABLE JURISTS WOULD DISAGREE WITH THIS COURT'S PROCEDURAL DISPOSITION OF HIS CLAIMS. CONSEQUENTLY, A CERTIFICATE OF APPEALABILITY IS DENIED. SIGNED BY HONORABLE GERALD A. MCHUGH ON 7/23/18. 7/25/18 ENTERED & E-MAILED. COPY MAILED TO PRO SE PETIIONER. (fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRIC,1 OF PENNSYLVANIA
CARLTON ROY SMITH

CIVIL ACTION

v.

JAMEY LUTHER, et al.

NO. 18-200

ORDER
.

AND NOW, this

dl.J/!~ of
day

, 2018, upon consideration of the

Petition for Writ of Habeas Corpus, the Commonwealth's Answer, the other documents filed by
the parties, and after review of the Report and Recommendation of United States Magistrate Judge
Carol Sandra Moore Wells, is hereby ORDERED that:
1. The Report and Recommendation is APPROVED AND ADOPTED;
2. The Petition for a Writ of Habeas Corpus is DISMISSED, without an evidentiary
hearing; and
3. Petitioner has neither shown denial of a federal constitutional right, nor established
that reasonable jurists would disagree with this court's procedural disposition of his
claims. Consequently, a certificate of appealability is DENIED.

IT IS SO ORDERED.
BY TllE COURT:

A...-0~~1.J

Gerald A. McHugh, J.