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Donald Brown v. Raymond Lawler

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


June 4, 2012

DONALD BROWN, PETITIONER,
v.
RAYMOND LAWLER, ET AL., RESPONDENTS.

The opinion of the court was delivered by: C. Darnell Jones, II

ORDER

The Court has carefully reviewed all pleadings, the full record, and the Report and Recommendation filed by U.S. Magistrate Judge Elizabeth T. Hey (Dkt. No. 32) ("R&R"). The Court has also reviewed the Objections filed by Petitioner (Dkt. No. 35), and fully concurs with Magistrate Judge Hey's conclusions concerning procedural default and Petitioner's inability to overcome the hurdles created by such. Moreover, where Petitioner may not have defaulted, the Court concurs with Magistrate Judge Hey's conclusions that Petitioner's contentions are without merit,*fn1 and thus are insufficient to justify an evidentiary hearing. Williams v. Beard, 637 F.3d 195 (3d Cir. 2011). Petitioner has not presented any compelling basis to disturb the decisions of the Pennsylvania courts.

AND NOW, this 4th day of June, 2012, it is hereby ORDERED that:

1. The Report and Recommendation of Magistrate Judge Elizabeth T. Hey is APPROVED and ADOPTED;

2. Petitioner's request for an evidentiary hearing is DENIED;

3. The Petition for a Writ of Habeas Corpus is DENIED;

4. The Court DECLINES to issue a certificate of appealability; and

5. The Clerk of Court shall mark this case closed for all purposes, including statistics.

BY THE COURT:

C. Darnell Jones, II


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