ARNOLD v. WETZEL et al

Filing 27

ORDER THAT THE REPORT AND RECOMMENDATION (DOC. NO. 18) IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) IS DENIED; THE MOTION FOR APPOINTMENT OF COUNSEL (DOC. NO. 8) IS DENIED. A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE. THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 8/6/18. 8/7/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED TO COUNSEL.(pr, ) Modified on 8/7/2018 (pr, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARC ANTHONY ARNOLD,
Petitioner,

CIVIL ACTION
NO. 18-91

v.
JOHN E. WETZEL, et al.,
Respondents.
ORDER

AND NOW, this 6th day of August 2018, upon careful consideration of the Petition for
Writ of Habeas Corpus (Doc. No. 1), Petitioner’s Motion for Appointment of Counsel (Doc. No.
8), the Response to the Petition for Writ of Habeas Corpus (Doc. No. 14), the Report and
Recommendation of United States Magistrate Judge Marilyn Heffley (Doc. No. 18), and
Petitioner’s Objections to the Report and Recommendation (Doc. No. 21), it is ORDERED that:
1. The Report and Recommendation (Doc. No. 18) is APPROVED and ADOPTED.
2. The Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED.
3. The Motion for Appointment of Counsel (Doc. No. 8) is DENIED.
4. A Certificate of Appealability SHALL NOT issue because, based on the analysis
contained in the Magistrate Judge’s Report and Recommendation, as approved and
adopted by this Court, a reasonable jurist could not conclude that the Court is incorrect in
denying and dismissing the Habeas Petition. See 28 U.S.C. § 2253(c)(2); Slack v.
McDaniel, 529 U.S. 473 (2000).

5. The Clerk of Court shall close this case for statistical purposes.
BY THE COURT:

/ s / J oel H. S l om s k y
JOEL H. SLOMSKY, J.

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