DELEON v. WENEROWICZ et al

Filing 17

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS DENIED; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE AS OUTLINED AND THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 10/16/17. 10/17/17 ENTERED AND COPIES MAILED TO PETITIONER AND EMAILED TO COUNSEL.(jaa, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BRIAND. DELEON, Petitioner, CIVIL ACTION NO. 15-4685 V. MIKE WENEROWICZ, et al., FILED Respondents. OCT 16 2017 ORDER KATE BARKMAN, Clerk By_ _ _ ~Dep. Clerk AND NOW, this 16th day of October 2017, upon consideration of the Petition for a Writ of Habeas Corpus (Doc. No. 1), the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells (Doc. No. 14), and that the Report and Recommendation has not been objected to by the parties, it is ORDERED that: 1. The Report and Recommendation (Doc. No. 14) 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, Petitioner has not made a substantial showing of the denial of a constitutional right and reasonable jurists would not debate the correctness of this ruling. See 28 U.S.C. ยง 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: Of(kt~ OEL H. SL0MSKY,:

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