Filed: May 29, 2018
Latest Update: May 29, 2018
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 29 th day of May 2018, upon considering Donte Rapley's Petition for habeas relief under 28 U.S.C. 2254 (ECF Doc. No. 1), as supplemented by his court-appointed counsel upon leave (ECF Doc. No. 20), the Commonwealth's Responses (ECF Doc. Nos. 11, 23), after evaluating witness credibility and evidence adduced at our noticed hearing presented by experienced habeas counsel, and for reasons in the accompanying memorandum, it is ORD
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 29 th day of May 2018, upon considering Donte Rapley's Petition for habeas relief under 28 U.S.C. 2254 (ECF Doc. No. 1), as supplemented by his court-appointed counsel upon leave (ECF Doc. No. 20), the Commonwealth's Responses (ECF Doc. Nos. 11, 23), after evaluating witness credibility and evidence adduced at our noticed hearing presented by experienced habeas counsel, and for reasons in the accompanying memorandum, it is ORDE..
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ORDER
MARK A. KEARNEY, District Judge.
AND NOW, this 29th day of May 2018, upon considering Donte Rapley's Petition for habeas relief under 28 U.S.C. § 2254 (ECF Doc. No. 1), as supplemented by his court-appointed counsel upon leave (ECF Doc. No. 20), the Commonwealth's Responses (ECF Doc. Nos. 11, 23), after evaluating witness credibility and evidence adduced at our noticed hearing presented by experienced habeas counsel, and for reasons in the accompanying memorandum, it is ORDERED:
1. Mr. Rapley's Petition for habeas relief as supplemented with a counseled memorandum (ECF Doc. Nos. 1, 20) is DENIED;
2. We decline to issue a certificate of appealability as Mr. Rapley has neither shown denial of a federal constitutional right, nor has he established reasonable jurists would disagree with our findings based on his procedural defaults arising, from other things, application of well-settled evidentiary and hearsay principles in the Pennsylvania courts requiring we find no probable cause to issue a certificate of appealability; and,
3. The Clerk of Court shall close this case.
