TUCKER v. COMMONWEALTH OF PA et al

Filing 23

ORDER THAT PETITIONERS OBJECTIONS (ECF NOS. 15, 17) ARE OVERRULED IN ACCORDANCE WITH THIS COURTS ACCOMPANYING MEMORANDUM; THE REPORT AND RECOMMENDATION (ECF NO. 12) IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS (ECF NO. 1) IS DENI ED; AND, PETITIONER HAS NEITHER SHOWN DENIAL OF A FEDERAL CONSTITUTIONAL RIGHT, NOR ESTABLISHED THAT REASONABLE JURISTS WOULD DISAGREE WITH THIS COURTS PROCEDURAL DISPOSITION OF HIS CLAIMS. CONSEQUENTLY, A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE. SIGNED BY HONORABLE C. DARNELL JONES, II ON 3/18/20. 3/18/20 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(lisad, )

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

ROBERT TUCKER
Petitioner,
v.
COMMONWEALTH OF PA;
THE ATTORNEY GENERAL OF
THE STATE OF PENNSYLVANIA;
and, DISTRICT ATTORNEY OF
PHILADELPHIA
Respondents.

:

CIVIL ACTION
NO. 18-0201

:

ORDER
:
AND NOW, this 18 day of March 2020, upon consideration of: the Petition for Writ of
th

Habeas Corpus (ECF No. 1); Petitioner’s Addendum (ECF No. 11); the Commonwealth’s Response
thereto (ECF No. 7); the Report and Recommendation of United States Magistrate Judge Richard
Lloret (ECF No. 12); Petitioner’s Objections thereto (ECF Nos. 15, 17); and, the Commonwealth’s
Response to Petitioner’s Objections (ECF No. 21), it is hereby ORDERED as follows:
1.

Petitioner’s Objections (ECF Nos. 15, 17) are OVERRULED in accordance with this
Court’s accompanying Memorandum;

2.

The Report and Recommendation (ECF No. 12) is APPROVED AND ADOPTED;

3.

The Petition for a Writ of Habeas Corpus (ECF No. 1) is DENIED; and,

4.

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 shall NOT ISSUE.

BY THE COURT:

/s/ C. Darnell Jones, II

J.