Lewis v. Walsh, 14-cv-01908-JS. (2019)
Court: District Court, E.D. Pennsylvania
Number: infdco20191119598
Visitors: 6
Filed: Nov. 12, 2019
Latest Update: Nov. 12, 2019
Summary: ORDER JUAN SANCHEZ , Chief District Judge . AND NOW this 12 th day of November , 2019, upon careful and independent consideration of Braheem Lewis' petition for writ of habeas corpus (Doc. No. 1), Petitioner's memorandum in support of the petition (Doc. No. 13), the Commonwealth's response in opposition (Doc. No. 21), Petitioner's unopposed motion to amend the petition (Doc. No. 47), the Commonwealth's supplemental response to the petition, including the amendment (Doc. No. 51), and th
Summary: ORDER JUAN SANCHEZ , Chief District Judge . AND NOW this 12 th day of November , 2019, upon careful and independent consideration of Braheem Lewis' petition for writ of habeas corpus (Doc. No. 1), Petitioner's memorandum in support of the petition (Doc. No. 13), the Commonwealth's response in opposition (Doc. No. 21), Petitioner's unopposed motion to amend the petition (Doc. No. 47), the Commonwealth's supplemental response to the petition, including the amendment (Doc. No. 51), and the..
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ORDER
JUAN SANCHEZ, Chief District Judge.
AND NOW this 12th day of November, 2019, upon careful and independent consideration of Braheem Lewis' petition for writ of habeas corpus (Doc. No. 1), Petitioner's memorandum in support of the petition (Doc. No. 13), the Commonwealth's response in opposition (Doc. No. 21), Petitioner's unopposed motion to amend the petition (Doc. No. 47), the Commonwealth's supplemental response to the petition, including the amendment (Doc. No. 51), and the Report and Recommendation of U.S. Magistrate Judge Richard A. Lloret, it is ORDERED that:
1. The Report and Recommendation of Magistrate Judge Richard A. Lloret is APPROVED and ADOPTED;
2. Lewis' Petition for Writ of Habeas Corpus is PARTIALLY GRANTED by separate Judgment, filed contemporaneously with this Order. See Federal Rule of Civil Procedure 58(a); Rules Governing Section 2254 Cases in the United States District Courts, Rule 12;
3. No certificate of appealability shall issue under 28 U.S.C. § 2253(c)(1)(A) as to any other issue because "the applicant has [not] made a substantial showing of the denial of a constitutional right[,]" under 28 U.S.C. § 2253(c)(2), since he has not demonstrated that "reasonable jurists" would find my "assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000); see United States v. Cepero, 224 F.3d 256, 262-63 (3d Cir. 2000), abrogated on other grounds by Gonzalez v. Thaler, 565 U.S. 134 (2012); and,
4. The Clerk of Court shall mark this file closed.
Source: Leagle
