SOTO v. CAMERON et al

Filing 26

ORDER THAT THE REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE ELIZABETH T. HEY DATED 2/11/15 IS REJECTED; PETITIONER'S COUNSELED OBJECTIONS TO THE 2/11/15, REPORT AND RECOMMENDATION ARE OVERRULED AS MOOT; THE SUPPLEMENTAL REPORT AND RECOMMEN DATION DATED 7/15/15, RECOMMENDING DENIAL OF THE PETITION ON THE MERITS, IS APPROVED AND ADOPTED; THE OBJECTIONS TO THE SUPPLEMENTAL REPORT AND RECOMMENDATION SUBMITTED BY PETITIONER'S COUNSEL ARE OVERRULED; THE PETITION FOR WRIT OF HABEAS CORPU S IS DENIED; A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE BECAUSE PETITIONER HAS NOT MADE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT.. SIGNED BY HONORABLE JAN E. DUBOIS ON 12/3/15. 12/4/15 ENTERED AND COPIES MAILED TO PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HECTOR MANUEL SOTO, JR.,
Petitioner,

CIVIL ACTION

v.
KEN CAMERON,
THE DISTRICT ATTORNEY OF THE
COUNTY OF BERKS, and
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Respondents.

NO. 14-1331

ORDER
AND NOW, this 3rd day of December, 2015, upon consideration of Petition Under 28
U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by petitioner,
Hector Manuel Soto, Jr., the record in this case, the Report and Recommendation of United
States Magistrate Judge Elizabeth T. Hey dated February 11, 2015, the Objections to the Report
and Recommendation filed by petitioner’s counsel (Document No. 10, filed February 17, 2015),
the Supplemental Report and Recommendation of United States Magistrate Judge Elizabeth T.
Hey dated July 15, 2015, the Objections to the Supplemental Report and Recommendation filed
by petitioner (Document No. 22, filed October 7, 2015), and the Objections to the Supplemental
Report and Recommendation filed by petitioner’s counsel (Document No. 25, filed November
17, 2015), IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge Elizabeth T.

Hey dated February 11, 2015, recommending dismissal of the petition on timeliness grounds, is
REJECTED;
2.

Petitioner’s counseled Objections to the February 11, 2015, Report and

Recommendation are OVERRULED as MOOT;

3.

The Supplemental Report and Recommendation of United States Magistrate

Judge Elizabeth T. Hey dated July 15, 2015, recommending denial of the petition on the merits,
is APPROVED and ADOPTED;
4.

The Objections to the Supplemental Report and Recommendation submitted by

petitioner and the Objections to the Supplemental Report and Recommendation submitted by
petitioner’s counsel are OVERRULED on the ground that the issues raised in both sets of
Objections relating to ineffective assistance of counsel and alleged violation of petitioner’s Sixth
Amendment Confrontation Clause rights were addressed in the Supplemental Report and
Recommendation with which the Court agrees;
5.

The Petition Under § 2254 for Writ of Habeas Corpus by a Person in State

Custody filed by petition, Hector Manuel Soto, Jr., is DENIED for the reasons set forth in the
Supplemental Report and Recommendation; and,
6.

A certificate of appealability will not issue because petitioner has not made a

substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Slack v.
McDaniel, 529 U.S. 473, 484 (2000).
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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