STEWARD v. COMMON WEALTH et al
Filing
28
ORDER THAT THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DOC. NO. 21) IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DENIED. A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE BECAUSE, BASED ON THE ANALYSIS CO NTAINED 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. THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 6/8/16. 6/9/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN. (pr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NORMAN T. STEWARD,
Plaintiff,
CIVIL ACTION
NO. 13-2552
v.
COMMON WEALTH, et al.,
Defendants.
ORDER
AND NOW, this 8th day of June 2016, upon consideration of the Petition for Writ of
Habeas Corpus (Doc. No. 1), the Government’s Response (Doc. No. 11), the Report and
Recommendation of United States Magistrate Judge David R. Strawbridge (Doc. No. 21),
Petitioner’s Objections to the Report (Doc. No. 24), and the pertinent state court record, and in
accordance with the Opinion issued this day, it is ORDERED as follows:
1.
The Magistrate Judge’s Report and Recommendation (Doc. No. 21) is
APPROVED and ADOPTED.
2.
The Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED.
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).
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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