IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
July 6, 2011
DARRYL LIVERMAN, PETITIONER
THE DISTRICT ATTORNEY OF BUCKS COUNTY; THE ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA; AND D. SAUERS, RESPONDENTS
The opinion of the court was delivered by: James Knoll Gardner United States District Judge
NOW, this 6th day of July, 2011, upon consideration of the pro se Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus By a Person in State Custody, which petition was filed November 14, 2010 *fn1 ; upon consideration of the Supplemental Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo filed May 27, 2011 *fn2 ; it appearing that as of the date of this Order, petitioner has not filed any objections to the Supplemental Report and Recommendation of Magistrate Judge Restrepo; it further appearing after review of this matter that Magistrate Judge Restrepo's Supplemental Report and Recommendation correctly determined the legal and factual issues presented in the petition for habeas corpus relief,
IT IS ORDERED that Magistrate Judge Restrepo's Supplemental Report and Recommendation is approved and adopted.
IT IS FURTHER ORDERED that the pro se Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus By a Person in State Custody is dismissed without an evidentiary hearing.
IT IS FURTHER ORDERED that because petitioner has not met statutory requirements to have his case heard, and no reasonable jurist could find this procedural ruling debatable, and because petitioner fails to demonstrate denial of a constitutional right, a certificate of appealability is denied. *fn3
IT IS FURTHER ORDERED that the Clerk of Court shall mark this matter closed for statistical purposes.
BY THE COURT:
James Knoll Gardner