WHITE v. WETZEL et al

Filing 15

ORDER THAT PETITIONER'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE HEFFLEY IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS PURSUANT TO 28 USC, SECTION 2254 IS DENIED; THE COURT DECLINES TO ISSUE A CERTIFICATE OF APPEALABILITY; THE CLERK IS DIRECTED TO CLOSE CIVIL ACTION NO. 15-4405.. SIGNED BY HONORABLE JOHN R. PADOVA ON 2/23/17. 2/24/17 ENTERED AND COPIES E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
QUAAN SHEKIEM WHITE

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v.
JON WETZEL, et al.

CIVIL ACTION

NO. 15-4405

ORDER
AND NOW, this 23rd day of February, 2017, upon careful and independent consideration
of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 1), and
all documents filed in connection therewith, and after review of United States Magistrate Judge
Marilyn Heffley’s Report and Recommendation (Docket No. 10), and consideration of Petitioner’s
Objections thereto (Docket No. 12), IT IS HEREBY ORDERED that:
1.

Petitioner’s Objections are OVERRULED.

2.

The Report and Recommendation of Magistrate Judge Heffley is APPROVED and
ADOPTED.

3.

The Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 is
DENIED.

4.

As Petitioner has failed to make a substantial showing of the denial of a
constitutional right or demonstrated that a reasonable jurist would debate the
correctness of this ruling, the Court declines to issue a certificate of appealability
under 28 U.S.C. § 2253(c)(2).

5.

The Clerk is directed to CLOSE Civil Action No. 15-4405.
BY THE COURT:

/s/ John R. Padova, J.
John R. Padova, J.