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Ryals v. Commonwealth

United States District Court, E.D. Pennsylvania

May 15, 2015

LUTHER RYALS, JR. Petitioner-pro se,
v.
COMMONWEALTH OF PENNSYLVANIA, et al. Respondents.

ORDER

NITZA I. QUIÑONES ALEJANDRO, District Judge.

AND NOW, this 15th day of May 2015, upon careful and independent consideration of the petition for a writ of habeas corpus and brief in support, the response, the reply, and available state court records, and after review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, to which no objections have been filed, it is ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for writ of habeas corpus is DENIED AND DISMISSED without an evidentiary hearing;
3. A certificate of appealability SHALL NOT issue, in that the Petitioner has not made a substantial showing of the denial of a constitutional right nor demonstrated that jurists of reason would debate the correctness of the procedural aspects of this ruling. 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 for statistical purposes.

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