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Martin v. Andrew

United States District Court, E.D. Pennsylvania

May 18, 2015

ROBERT EARL MARTIN, Petitioner,
v.
JUSTIN ANDREW, THE DISTRCIT ATTORNEY OF THE COUNTY OF PHILADELPHIA, and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

ORDER

JAMES KNOLL GARDNER, District Judge.

NOW, this 15th day of May, 2015, upon consideration of the following documents:

Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, which petition was filed by petitioner pro se on March 24, 2014;
Response to Petition for Writ of Habeas Corpus, which response was filed July 21, 2014;
Report and Recommendation of United States Magistrate Judge Henry S. Perkin, dated and filed July 28, 2014 ("R&R");
Motion and Objection to the Report and Recommendation of the United States Magistrate Judge, Henry S. Perkin, Filed on July 28th 2014, Denying Mr. Martin Writ of Habeas Corpus, 28 U.S.C. § 2254, Filed on March 24th, 2014, which motion was filed by petitioner October 9, 2014;

and after de novo review of the record in this matter; it appearing that Magistrate Judge Perkin's Report and Recommendation correctly determined the legal and factual issues presented in this case,

IT IS ORDERED that Magistrate Judge Perkin's Report and Recommendation is approved and adopted.[1]

IT IS FURTHER ORDERED that petitioner's objection to Magistrate Judge Perkin's Report and Recommendation is overruled.[2]

IT IS FURTHER ORDERED that the within Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody is denied without a 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, a certificate of appealability is denied.

IT IS FURTHER ORDERED that the Clerk of Court shall close this civil action for statistical purposes.


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