DAVIS v. MAHALLY et al

Filing 19

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE AND WITHOUT AN EVIDENTIARY HEARING; THERE IS NO PROBABLE CAUSE TO ISUE A CERTIFICATE OF APPEALABILTY; AND THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/12/18. 4/13/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED.(jpd )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ ALI ELIJAH DAVIS : Petitioner, : : CIVIL ACTION NO. 17-1648 v. : : LAWRENCE MAHALLY, et al., : Respondents. : ORDER AND NOW, this 12th day of April 2018, upon careful and independent consideration of the Petition for Writ of Habeas Corpus, all related filings, and upon review of the Report and Recommendation (“R&R”) of United States Magistrate Judge Timothy R. Rice, and Petitioner’s Objections to the R&R, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE and without an evidentiary hearing; 3. There is no probable cause to issue a certificate of appealability; and 4. The Clerk of Court is directed to CLOSE the case. It is so ORDERED. BY THE COURT: Cynthia M. Rufe ____________________ CYNTHIA M. RUFE, J.

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