POWELL v. THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA

Filing 15

ORDER THAT THE REPORT AND RECOMMENDATION (DOC. NO. 13) IS APPROVED AND ADOPTED; POWELL'S PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DISMISSED; AND A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 1/23/14. 1/23/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OMAR POWELL
v.
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA, et al.

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CIVIL ACTION
No. 13-1380

ORDER
AND NOW, this 23rd day of January, 2014, upon careful and independent consideration
of Petitioner Omar Powell’s pro se Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus
by a Person in State Custody, the response thereto, Powell’s reply, and the available state court
records, and after review of the Report and Recommendation of United States Magistrate Judge
David R. Strawbridge, to which no objections have been filed,1 it is ORDERED:
1.

The Report and Recommendation (Document 13) is APPROVED and

ADOPTED;
2.

Powell’s petition for writ of habeas corpus (Document 1) is DISMISSED; and

3.

A certificate of appealability shall not issue, in that Powell has not demonstrated

that reasonable jurists would debate the correctness of this procedural ruling. See 28 U.S.C.
§ 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).
The Clerk of Court is directed to mark this case CLOSED.

1

The Report and Recommendation was sent to all parties of record on December 31, 2013,
together with a Notice from the Clerk of Court advising the parties of their obligation to file any
objections within 14 days after service of the Notice. See Local R. Civ. P. 72.1 IV(b) (“Any
party may object to a magistrate judge’s proposed findings, recommendations or report under 28
U.S.C. § 636(b)(1)(B), and subsections 1(c) and (d) of this Rule within fourteen (14) days after
being served with a copy thereof.”). As of today’s date, no objections have been filed.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.

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