MASSINA v. MAHALLY et al

Filing 21

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS DISMISSED AND DENIED, WITHOUT AN EVIDENTIARY HEARING; AND PETITIONER HAS NEITHER SHOWN DENIAL OF A FEDERAL CONSTITUTIONAL RIGHT, NOR ESTABLI SHED THAT REASONABLE JURISTS WOULD DISAGREE WITH THIS COURT'S PROCEDURAL DISPOSITION OF HIS CLAIMS. CONSEQUENTLY, A CERTIFICATE OF APPEALABILITY IS DENIED.. SIGNED BY HONORABLE WENDY BEETLESTONE ON 5/16/17. 5/17/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

KWAME MASSINA

F!£ED ~
~y .J 8 2017

CIVIL ACTION

v.
NO. 16-2691

LAWRENCE MAHALL Y, et al.
ORDER
AND NOW, this

Ib'f"day of Mf;l1

, 2017, upon consideration of the

Petition for a Writ of Habeas Corpus, the Commonwealth's Response, the other documents filed
by the parties, and after review of the Report and Recommendation of United States Magistrate
Judge Carol Sandra Moore Wells, is hereby ORDERED that:
I. The Report and Recommendation is APPROVED AND ADOPTED;
2. The Petition for a Writ of Habeas Corpus is DISMISSED and DENIED, without an
evidentiary hearing; and
3. Petitioner has neither shown denial of a federal constitutional right, nor established
that reasonable jurists would disagree with this court's procedural disposition of his
claims. Consequently, a certificate of appealability is DENIED.
IT IS SO ORDERED.

WENDY BEETLESTONE J.

eNTi:REo
MAY 17 2017
CLERK OF COUFfT