GRIGGS v. BANACH, 15-653. (2015)
Court: District Court, E.D. Pennsylvania
Number: infdco20150904a20
Visitors: 5
Filed: Sep. 03, 2015
Latest Update: Sep. 03, 2015
Summary: ORDER GENE E.K. PRATTER , District Judge . AND NOW , this 2nd day of September, 2015, having considered the Petition for Writ of Habeas Corpus filed by Petitioner Barrett Q. Griggs (Docket No. 1), the Response to the Petition (Doc. No. 12), and U.S. Magistrate Judge Carol Sandra Moore Wells's Report & Recommendations (Doc. No. 13), to which no objections have been filed, 1 , it is hereby ORDERED that: 1. The Report & Recommendations are APPROVED and ADOPTED . 2. The Petition for W
Summary: ORDER GENE E.K. PRATTER , District Judge . AND NOW , this 2nd day of September, 2015, having considered the Petition for Writ of Habeas Corpus filed by Petitioner Barrett Q. Griggs (Docket No. 1), the Response to the Petition (Doc. No. 12), and U.S. Magistrate Judge Carol Sandra Moore Wells's Report & Recommendations (Doc. No. 13), to which no objections have been filed, 1 , it is hereby ORDERED that: 1. The Report & Recommendations are APPROVED and ADOPTED . 2. The Petition for Wr..
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ORDER
GENE E.K. PRATTER, District Judge.
AND NOW, this 2nd day of September, 2015, having considered the Petition for Writ of Habeas Corpus filed by Petitioner Barrett Q. Griggs (Docket No. 1), the Response to the Petition (Doc. No. 12), and U.S. Magistrate Judge Carol Sandra Moore Wells's Report & Recommendations (Doc. No. 13), to which no objections have been filed,1, it is hereby ORDERED that:
1. The Report & Recommendations are APPROVED and ADOPTED.
2. The Petition for Writ of Habeas Corpus (Docket No. 1) is DISMISSED, without prejudice, for failure to exhaust state court remedies; and
3. There is no probable cause to issue a certificate of appealability.2
4. The Clerk of Court shall mark this case CLOSED for all purposes, including statistics.
FootNotes
1. The Local Rules provide that "[a]ny party may object to a magistrate judge's order determining a motion or matter . . . within fourteen (14) days after issuance of the magistrate judge's order . . . ." E.D. Pa. Local R. Civ. P. 72.1(IV)(a). Judge Wells issued her Report and Recommendation on June 17, 2015; objections were therefore due July 1, 2015.
2. 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 Wells that there is no probable cause to issue such a certificate in this action.
Source: Leagle
