VALLE v. COMMONWEALTH OF PENNSYLVANIA, NORTHAMPTON CO.

Filing 15

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS CHALLENGING THE PROSECUTION AND CONVICTION IN CASE NO. CP-48-CR-3985-2010 (NORTHAMPTON COUNTY) IS DISMISSED WITH PREJUDICE; A CERTIFICATE OF APPE ALABILTY SHALL NOT ISSUE; THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISITCAL PURPOSES AND THE CLRRK OF COURT SHALL OPEN A NEW CIVIL ACTION FOR PETITIONER'S CHALLENGE TO HIS CONVICTION IN NO. CP-46-CR-8372-2010 (MONTGOMERY COUNTY) AND SHALL DOCKET NO. 11 FROM C.A. NO. 14-6590 AS A FILING IN THAT ACTION. SIGNED BY HONORABLE C. DARNELL JONES, II ON 4/14/16. 4/14/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER.(jpd)

Case 5:14-cv-06590-CDJ Document 13-1 Filed 10/14/15 Page 1of1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANTONIO S. VALLE,
Petitioner,

CIVIL ACTION

v.
COMMONWEALTH OF PENNSYLVANIA,
NORTHAMPTON COUNTY
Respondents.

NO. 14-6590

ORDER
AND NOW, this

/

'I ~lay

of

, 2016, upon careful and

independent consideration of the petition for a writ of habeas corpus and Petitioner's other
submissions, available state court records, and after review of the Report and Recommendation of
United States Magistrate Judge David R. Strawbridge, it is ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for a writ of habeas corpus challenging the prosecution and conviction in
Case No. CP-48-CR-3985-2010 (Northampton County) is DISMISSED WITH PREJUDICE;
3. A certificate of appealability SHALL NOT issue, in that the Petitioner has not made a
substantial showing of the denial of a constitutional right nor demonstrated that the correctness of
this ruling is debatable. See 28 U.S.C. § 2253(c)(2~; Slackv. McDaniel, 529 U.S. 473, 484 (2000);
4. The Clerk of the Court shall mark this case CLOSED for statistical purposes; and
5. The Clerk of the Court shall OPEN a new civil action for Petitioner's challenge to his
conviction in No. CP-46-CR-8372-2010 (Montgomery County) and shall docket Doc. No. 11 from
Civ. A. No. 14-6590 as a filing in that new action.