WILSON v. MCGINLEY et al

Filing 9

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE LEGROME D. DAVIS ON 10/25/16. 10/27/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

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

LEROY ANTONIO WILSON
v.
THOMAS S. MCGINLEY, et al

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CIVIL ACTION

No. 16-cv-3258

ORDER
AND NOW, this 25th day of October 2016, after careful and independent consideration
of Leroy Wilson’s Petition for Writ of Habeas Corpus (Doc. No. 1), Petitioner’s Brief and
Arguments of Denial with Verification of Statement (Doc. No. 3), Petitioner’s Petition to Order
Lower Court to Stay Proceedings (Doc. No. 4), Petitioner’s Response to Defendants’ Opposing
Brief And Plaintiff's Arguments and Request To Order an Evidentiary Hearing (Doc. No. 6); and
a review of the Report and Recommendation by United States Magistrate Judge David R.
Strawbridge (Doc. No. 7), and Petitioner’s failure to file timely objections, it is ORDERED as
follows:

1. The Report and Recommendation is APPROVED and ADOPTED.
2. The petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE.
3. A certificate of appealability shall not issue because reasonable jurists would not
debate the correctness of this Court’s ruling. See 28 U.S.C. § 2253(c)(2); Slack v.
McDaniel, 529 U.S. 473, 484 (2000).
4. The Clerk of Court is directed to mark this case closed for statistical purposes.

BY THE COURT:
/s/ Legrome D. Davis
Legrome D. Davis, J.