Brooks v. Mahalley, 16-2013. (2019)
Court: District Court, E.D. Pennsylvania
Number: infdco20190819d85
Visitors: 15
Filed: Aug. 16, 2019
Latest Update: Aug. 16, 2019
Summary: ORDER GENE E.K. PRATTER , District Judge . AND NOW, this 16 th day of August, 2019, upon consideration of the Petition for Writ of Habeas Corpus (Doc. No. 1), the Respondents' Response (Doc. No. 15), Petitioner's Objections to the Response (Doc. No. 16), the Report and Recommendation of Magistrate Judge David R. Strawbridge (Doc. No. 18), and Petitioner's Objections (Doc. No. 23) it is hereby ordered that: 1. The Report & Recommendation (Doc. No. 18) is APPROVED and ADOPTED. 2. P
Summary: ORDER GENE E.K. PRATTER , District Judge . AND NOW, this 16 th day of August, 2019, upon consideration of the Petition for Writ of Habeas Corpus (Doc. No. 1), the Respondents' Response (Doc. No. 15), Petitioner's Objections to the Response (Doc. No. 16), the Report and Recommendation of Magistrate Judge David R. Strawbridge (Doc. No. 18), and Petitioner's Objections (Doc. No. 23) it is hereby ordered that: 1. The Report & Recommendation (Doc. No. 18) is APPROVED and ADOPTED. 2. Pe..
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ORDER
GENE E.K. PRATTER, District Judge.
AND NOW, this 16th day of August, 2019, upon consideration of the Petition for Writ of Habeas Corpus (Doc. No. 1), the Respondents' Response (Doc. No. 15), Petitioner's Objections to the Response (Doc. No. 16), the Report and Recommendation of Magistrate Judge David R. Strawbridge (Doc. No. 18), and Petitioner's Objections (Doc. No. 23) it is hereby ordered that:
1. The Report & Recommendation (Doc. No. 18) is APPROVED and ADOPTED.
2. Petitioner's Objections (Doc. No. 23) are OVERRULED.
3. The Petition for Writ of Habeas Corpus (Doc. No. 1) is DENIED.
4. There is no probable cause to issue a certificate of appealability.1
6. The Clerk of Court shall mark this case CLOSED for all purposes, including statistics.
FootNotes
1. A certificate of appealability may issue only upon "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). A petitioner must "demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000); Lambert v. Blackwell, 387 F.3d 210, 230 (3d Cir. 2004). The Court agrees with Magistrate Judge Strawbridge that there is no probable cause to issue such a certificate in this action.
Source: Leagle
