Himmel v. SCI Dallas et al

Filing 13

ORDER: In accord with the accompanying Memorandum 12 ; Petr's mtn for relief from jgmnt 9 is Deemed withdrawn. Petr's petn for writ of habeas corpus 1 is denied. Case terminated.Signed by Honorable Sylvia H. Rambo on 11/19/18. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JASON M. HIMMEL,
Petitioner
v.
SCI DALLAS, et al.,
Respondents

:
:
:
:
:
:
:

No. 1:18-cv-00784
(Judge Rambo)

ORDER
AND NOW, on this 19th day of November 2018, in accordance with the
accompanying Memorandum, IT IS ORDERED THAT:
1. Petitioner’s motion for relief form judgment (Doc. No. 9), is DEEMED
withdrawn;
2. Petitioner Jason M. Himmel’s petition for a writ of habeas corpus filed
pursuant to 28 U.S.C. § 2254 (Doc. No. 1), is DENIED;
3. No certificate of appealability shall issue, as Petitioner has failed to
demonstrate “a substantial showing of the denial of a constitutional
right,” 28 U.S.C. § 2253(c)(2); see also Miller-El v. Cockrell, 537 U.S.
322, 335-36 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and
4. The Clerk of Court is directed to CLOSE this case.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge