REYES v. GILMORE et al

Filing 13

ORDER THAT THE REPORT AND RECOMMENDATION (DOC. NO. 10) IS APPROVED AND ADOPTED; PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DENIED; AND A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 10/2/17. 10/2/17 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 ERVIN REYES v. ROBERT GILMORE, et al. : : : : : CIVIL ACTION No. 17-1992 ORDER AND NOW, this 2nd day of October, 2017, upon careful and independent consideration of Petitioner Ervin Reyes’s pro se Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, and after review of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice, to which no objections have been filed, 1 it is ORDERED: 1. The Report and Recommendation (Document 10) is APPROVED and ADOPTED; 2. Reyes’s Petition for Writ of Habeas Corpus (Document 1) is DENIED; and 3. Reyes having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. The Clerk of Court is DIRECTED to mark this case CLOSED. BY THE COURT: /s/ Juan R. Sánchez . Juan R. Sánchez, J. 1 The Report and Recommendation was sent to all parties of record on August 10, 2017, together with a Notice from the Clerk of Court advising the parties of their obligation to file any objections within 14 days after service of the Notice. See Local R. Civ. P. 72.1 IV(b) (“Any party may object to a magistrate judge’s proposed findings, recommendations or report under 28 U.S.C. § 636(b)(1)(B), and subsections 1(c) and (d) of this Rule within fourteen (14) days after being served with a copy thereof.”). As of today’s date, no objections have been filed.

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