COLES v. FERGUSON et al

Filing 14

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED WITH PREJUDICE; NO CERTIFICATE OF APPEALABILITY SHALL ISSUE; THE CLERK OF COURT SHALL MARK THIS FILE CLOSED. SIGNED BY HONORABLE WENDY BEETLESTONE ON 12/14/18. 12/17/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MIKAEL R. COLES,
Petitioner,
CIVIL ACTION

v.

No. 5:17-cv-01959-WB

TAMMY FERGUSON, et al.,
Respondents.

DEC 17 2018
ORDER

AND NOW, this

FILED

qt"'day of 'J};;t W

J

BY.KATE. BARKMAN. Cieri<
----D'i'D Clerk

, 2018, upon careful and

independent consideration of Mikael R. Coles' petition for writ of habeas corpus and
memorandum (Doc. No. 1, Attach. 1, 2), the Respondents' response in opposition (Doc.
No. 6), Coles' reply thereto (Doc. No. 10), and the Report and Recommendation of U.S.
Magistrate Judge Richard A. Lloret (Doc. No. Ji), it is ORDERED that:
1.

The Report and Recommendation of Magistrate Judge Richard A. Lloret is

APPROVED and ADOPTED;
2. Coles' Petition for Writ of Habeas Corpus is DENIED and DISMISSED
with prejudice by separate Judgment, filed contemporaneously with this
Order. See Federal Rule of Civil Procedure 58(a); Rules Governing Section
2254 Cases in the United States District Courts, Rule 12;
3. No certificate of appealability shall issue under 28 U.S.C. § 2253(c)(1)(A)
because "the applicant has [not] made a substantial showing of the denial
of a constitutional right[,]" under 28 U.S.C. § 2253(c)(2), since he has not
demonstrated that "reasonable jurists" would find my "assessment of the
constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S.
473,484 (2000); see United States v. Cepero, 224 F.3d 256, 262-63 (3d

;1".

Cir. 2000), abrogated on other grounds by Gonzalez v. Thaler, 565 U.S.
134 (2012); and

4. The Clerk of Courts shall mark thi

HON. ENDY BEETLESTONE
U.S. DISTRICT JUDGE

2