COLE v. BECKEL et al

Filing 17

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE; THE OBJECTIONS ARE OVERRULED; THE PETITIONER'S REQUES FOR AN EVIDENTIARY HEARING IS DENIED; PETITIONER'S REQUEST FOR LEAVE OF COURT TO FILE AN ADDITONAL MEMORANDUM OF LAW IS DENIED; A CERTIFICATE OF APPEALABILITY SHALLL NOT ISSUE AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 2/25/15. 2/25/15 ENTERED AND COPIES MAILED TO PETITIONER AND EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN COLE
v.
TABB BICKELL, et al.

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CIVIL ACTION

NO. 13-5445

ORDER
AND NOW, this 25th day of February, 2015, upon careful
and independent consideration of the petition for writ of habeas
corpus, the response, thereto, the state court records, and after
review of the Report and Recommendation of Magistrate Judge David
R. Strawbridge, and the petitioner’s objections to said Report
and Recommendation (“R&R”), IT IS HEREBY ORDERED that:
1.

The Report and Recommendation is APPROVED and
ADOPTED;

2.

The petition for writ of habeas corpus is
DISMISSED WITH PREJUDICE;

3.

The objections are OVERRULED;

4.

The petitioner’s request for an evidentiary
hearing is DENIED;

5.

Petitioner’s request for leave of Court to file an
additional memorandum of law is DENIED;

6.

A certificate of appealability shall not issue.
The petitioner has not made a substantial showing
of the denial of a constitutional right nor

demonstrated that reasonable jurists would debate
the correctness of the procedural aspects of this
ruling.

See 28 U.S.C. § 2253(c)(2); Slack v.

McDaniel, 529 U.S. 473, 484 (2000); and,
7.

The Clerk of Court shall mark this case CLOSED for
statistical purposes.

BY THE COURT:

/s/ Mary A. McLaughlin_________
MARY A. McLAUGHLIN, J.

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