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Onley v. Walsh

United States District Court, E.D. Pennsylvania

March 7, 2014

CHARLES ONLEY, Petitioner,
v.
WALSH, Superintendent, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILA., PA, and THE ATTORNEY GENERAL OF THE STATE OF PA., Respondents.

ORDER

JAN E. DuBOIS, District Judge.

AND NOW, this 6th day of March, 2014, upon consideration of Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by pro se petitioner, Charles Onley, the record in this case, and the Report and Recommendation of United States Magistrate Judge M. Faith Angell dated January 30, 2014, no objections having been filed notwithstanding the passage of the time for filing objections, IT IS ORDERED as follows:

1. The Report and Recommendation of United States Magistrate Judge M. Faith Angell dated January 30, 2014, is APPROVED AND ADOPTED;

2. The Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by pro se petitioner, Charles Onley, is DENIED and DISMISSED without an evidentiary hearing;

3. A certificate of appealability will not issue because reasonable jurists would not debate (a) this Court's decision that the petition does not state a valid claim of the denial of a constitutional right, or (b) the propriety of this Court's procedural rulings with respect to petitioner's claims. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and,

4. The Clerk of Court shall MARK this case CLOSED.


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