MELENDEZ-BONILLA v. MCGINLEY et al

Filing 19

ORDER MELENDEZ-BONILLA'S OBJECTIONS, ECF NO. 17, TO THE REPORT AND RECOMMENDATION ARE OVERRULED. THE REPORT AND RECOMMENDATION, ECF NO. 9, IS ADOPTED IN PART AS STATED IN THE OPINION. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED A ND DISMISSED AS FOLLOWS: A. CLAIMS ONE THROUGH SEVEN ARE DISMISSED AS PROCEDURALLY DEFAULTED. B. CLAIMS EIGHT THROUGH ELEVEN ARE DENIED ON THEIR MERITS. THIS CASE IS CLOSED. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/10/18. 4/11/10 ENTERED AND COPIES MAILED, MAILED TO PETITIONER, E-MAILED.(er, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
_______________________________________
JAYSON MELENDEZ-BONILLA,
Petitioner,

:
:
:
v.
:
:
THOMAS MCGINLEY, SUPERINTENDENT, :
THE DISTRICT ATTORNEY OF THE
:
COUNTY OF BERKS, and
:
THE ATTORNEY GENERAL OF THE
:
STATE OF PENNSYLVANIA,
:
Respondents.
:
_______________________________________

No. 5:16-cv-06191

ORDER
AND NOW, this 10th day of April, 2018, for the reasons set forth in the Opinion issued
this date, IT IS HEREBY ORDERED THAT:
1.

Melendez-Bonilla’s objections, ECF No. 17, to the Report and Recommendation

are OVERRULED;
2.

The Report and Recommendation, ECF No. 9, is ADOPTED in part as stated in

the Opinion;
3.

The petition for writ of habeas corpus is DENIED and DISMISSED as follows:
A.

Claims One through Seven are dismissed as procedurally defaulted;

B.

Claims Eight through Eleven are denied on their merits;

4.

This case is CLOSED; and

5.

There is no basis for the issuance of a certificate of appealability.

BY THE COURT:

/s/ Joseph F. Leeson, Jr._________
JOSEPH F. LEESON, JR.
United States District Judge
1
041018