REED v. SMITH et al

Filing 12

ORDER THAT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE LYNNE A. SITARSKI DATED 8/8/18 IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS BY PRO SE PETITIONER IS DENIED. SIGNED BY HONORABLE JAN E. DUBOIS ON 9/25/18. 9/27/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JERRY ALLEN REED,
Petitioner,

CIVIL ACTION

v.
SUPERINTENDENT BARRY SMITH and
ATTORNEY GENERAL OF THE STATE
OF PENNSYLVANIA,
Respondents.

NO. 17-4414

ORDER
AND NOW, this 25th day of September, 2018, upon consideration of Petition Under 28
U.S.C. § 2254 for Writ of Habeas Corpus filed by pro se petitioner, Jerry Allen Reed, the record
in this case, and the Report and Recommendation of United States Magistrate Judge Lynne A.
Sitarski dated August 8, 2018, no objections having been filed notwithstanding the passage of
time for doing so, IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge Lynne A.

Sitarski dated August 8, 2018, is APPROVED and ADOPTED;
2.

The Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus filed by pro se

petitioner, Jerry Allen Reed, is DENIED;
3.

A certificate of appealability will not issue because reasonable jurists would not

debate (a) this Court’s decision that the petition does not state a valid claim of the denial of a
constitutional right, or (b) the propriety of this Court’s procedural ruling(s) with respect to
petitioner=s claim(s). See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.