Goodman v. Kerestes et al

Filing 31

ORDER ADOPTING REPORT 29 of Magistrate Judge Schwab, DENYING Goodman's petition 1 for writ of h/c, finding no basis to issue certificate of appealability, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/16/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
EDWARD GOODMAN,
Petitioner
v.
JOHN KERESTES,
Respondent

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CIVIL ACTION NO. 1:14-CV-1319
(Chief Judge Conner)

ORDER
AND NOW, this 16th day of December, 2016, upon consideration of the report
(Doc. 29) of Magistrate Judge Susan E. Schwab, recommending that the court deny
the pro se petition (Doc. 1) for writ of habeas corpus by petitioner Edward Goodman
(“Goodman”) as moot and on the merits, wherein Judge Schwab specifically opines
that Goodman’s challenge to a November 5, 2013, denial of parole (his sixth) by the
Pennsylvania Board of Probation and Parole (“the Board”) is moot by reason of the
Board’s subsequent denial of parole following Goodman’s seventh and eighth parole
reviews, (see Doc. 29 at 6-7), and alternatively opines that Goodman’s ex post facto
and substantive due process claims are meritless, (see id. at 9-18), and further upon
consideration of Goodman’s objections (Doc. 30) to the report, and following a de novo
review of the contested portions of the report, see Behar v. Pa. Dep’t of Transp., 791
F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing 28 U.S.C. § 636(b)(1)(C); Sample v. Diecks,
885 F.2d 1099, 1106 n.3 (3d Cir. 1989)), and applying a clear error standard of review
to the uncontested portions, see Cruz v. Chater, 990 F. Supp. 375, 376-78 (M.D. Pa.

1999), the court finding Judge Schwab’s analysis to be thorough, well-reasoned, and
fully supported by the record before the court, and finding Goodman’s objections to
be without merit, it is hereby ORDERED that:
1.

The report (Doc. 29) of Magistrate Judge Susan E. Schwab is
ADOPTED.

2.

Goodman’s petition (Doc. 1) for writ of habeas corpus pursuant to 28
U.S.C. § 2254 is DENIED.

3.

The court finds no basis to issue a certificate of appealability. See R.
GOVERNING SECTION 2254 CASES R. 11(a).

4.

The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania