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Richard Parker v. Warden Michael Curley

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


October 17, 2012

RICHARD PARKER, PETITIONER,
v.
WARDEN MICHAEL CURLEY, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.

ORDER

AND NOW, this 17th day of October, 2012, upon careful and independent consideration of the Petition for Writ of Habeas Corpus (Docket No. 1) filed October 19, 2010; Petitioner's Application for Relief*fn1 (Docket No. 3) filed November 1, 2010; the Response to Petition for Writ of Habeas Corpus (Docket No. 12) filed February 17, 2011; the Response to Petitioner's November 1, 2010 Application for Relief (Docket No. 14) filed March 15, 2011; Petitioner's Traverse and Response to the Commonwealth's Answer to His Habeas Corpus Petition/Application for Relief (Docket No. 21) filed May 26, 2011; the Objections to the Magistrate's Report and Recommendation (Docket No. 32) filed by Petitioner on December 15, 2011; and after review of the Amended Report and Recommendation of United States Magistrate Judge Henry S. Perkin dated July 20, 2012, as well as the objections filed by Petitioner on October 12, 2012, it is hereby ORDERED that:

1. The Amended Report and Recommendation is APPROVED and ADOPTED;

2. The Petition for Writ of Habeas Corpus is DENIED with prejudice and DISMISSED without an evidentiary hearing;

3. Petitioner's Application for Relief is DENIED; and

4. No certificate of appealability will issue since Petitioner has failed to make a substantial showing of the denial of any constitutional right.

BY THE COURT:

Ronald L. Buckwalter


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