APONTE v. FERGUSON et al

Filing 14

ORDER THAT THE REPORT AND RECOMMENDATION (DOC. NO. 11) IS APPROVED AND ADOPTED; THE PETITION (DOC. NO. 1) IS DENIED AND DISMISSED WITH PREJUDICE. A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE BECAUSE PETITIONER HAS NOT MADE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT. THE CLERK OF COURT SHALL CLOSE THIS ACTION.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/9/17. 8/10/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GEOVANNI APONTE, Petitioner, v. TAMMY S. FERGUSON, et al.,, Respondents. : : : : : : : : Civ. No. 16-4761 ORDER AND NOW, this 9th day of August, 2017, upon careful and independent consideration of Geovanni Aponte’s Petition for Writ of Habeas Corpus (Doc. No. 1), and after review of the Report and Recommendation of Judge Sitarski (Doc. No. 11) to which there are no objections, it is hereby ORDERED that: 1. The Report and Recommendation (Doc. No. 11) is APPROVED and ADOPTED. 2. The Petition (Doc. No. 1) is DENIED and DISMISSED with prejudice. 3. A certificate of appealability SHALL NOT issue because Petitioner has not made a substantial showing of the denial of a constitutional right. 4. The Clerk of Court shall CLOSE this action. AND IT IS SO ORDERED. /s/ Paul S. Diamond ________________________ Paul S. Diamond, J.

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