Otero v. Tritt et al

Filing 40

ORDER (memorandum filed previously as separate docket entry).(1) The R&R of Magistrate Judge Schwab is APPROVED and ADOPTED. (a) Petitioner Angel Ayala Oteros Petition for a Writ of Habeas Corpusis DENIED.(2) Since Petitioner Angel Ayala Otero has failed to make a substantialshowing of the denial of a constitutional right, a certificate of appealability SHALL NOT issue.(3) The Clerk of Court is directed to CLOSE this case.Signed by Honorable A. Richard Caputo on 3/13/18. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANGEL AYALA OTERO,
CIVIL ACTION NO. 3:15-CV-01324
Petitioner,
(JUDGE CAPUTO)
(MAGISTRATE JUDGE SCHWAB)

v.
BRENDA TRITT,
Respondent.
ORDER

NOW, this 13th day of March, 2018, upon consideration of Petitioner Angel Ayala
Otero’s Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. §2254(d) (Doc.
1), the Report and Recommendation (“R&R”) of Magistrate Judge Schwab (Doc. 32), and
Petitioner’s objections to the R&R (Doc. 38) IT IS HEREBY ORDERED that:
(1)

The R&R of Magistrate Judge Schwab is APPROVED and ADOPTED.
(a)

Petitioner Angel Ayala Otero’s Petition for a Writ of Habeas Corpus
is DENIED.

(2)

Since Petitioner Angel Ayala Otero has failed to make “a substantial
showing of the denial of a constitutional right,” a certificate of appealability
SHALL NOT issue.

(3)

The Clerk of Court is directed to CLOSE this case.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge