CERAUL v. GILMORE et al

Filing 31

ORDERED THAT PETITIONER'S OBJECTIONS ARE OVERRULED AND THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL IS DENIED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED; NO CERTIFICATE OF APPEALABILITY SHALL ISSUE AND THIS CASE SHALL BE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/25/19. 2/25/19 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED.(jpd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THOMAS CERAUL,
Petitioner,

CIVIL ACTION
NO. 17-3486

v.
ROBERT GILMORE, et. al.,
Respondents.
ORDER

AND NOW, this 25th day of February, 2019, upon thorough review of
Petitioner’s pro se Petition for a Writ of Habeas Corpus (ECF No. 1), the state court
record, United States Magistrate Judge Marilyn Heffley’s Second Report and
Recommendation (ECF No. 21), Petitioner’s objections (ECF No. 29), Petitioner’s
Motion for Appointment of Counsel (ECF No. 17) and Petitioner’s Motion for
Appointment of Counsel, Investigator and Medical Expert (ECF No. 28), it is hereby
ORDERED that:
1. Petitioner’s objections are OVERRULED and Magistrate Judge Heffley’s
Second Report and Recommendation is APPROVED and ADOPTED;
2. Petitioner’s Motion for Appointment of Counsel is DENIED;
3. Petitioner’s Motion for Appointment of Counsel, Investigator and Medical
Expert is DENIED;
4. Petitioner’s pro se Petition for a Writ of Habeas Corpus is DENIED and
DISMISSED with prejudice;

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5. No certificate of appealability shall issue;1 and
6. This case shall be CLOSED for statistical purposes.
BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.

No reasonable jurist would disagree with the Court’s disposition of Petitioner’s claims. See
Slack v. McDaniel, 529 U.S. 473, 484 (2000).
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