United States District Court, E.D. Pennsylvania
May 26, 2015
ANTONIO DUPRE THOMAS, Petitioner
MR. CAMERON, Supt., THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondent
JAMES KNOLL GARDNER, District Judge.
NOW, this 26th 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, filed by petitioner pro se on March 19, 2014;
Petitioner's Memorandum of Law in Support of Habeas Corpus Petition, which memorandum was filed November 6, 2014;
Answer of the District Attorney of Chester County to Petition for Writ of Habeas Corpus, which answer was filed by respondents on November 25, 2014, together with Appendixes A-S;
Report and Recommendation of United States Magistrate Judge Jacob P. Hart dated March 11, 2015 and filed March 12, 2015;
it appearing that no objections have been filed to the Report and Recommendation of Magistrate Judge Hart; it further appearing after review of this matter that Magistrate Judge Hart's Report and Recommendation correctly determined the legal and factual issues presented in the petition for habeas corpus relief,
IT IS ORDERED that Magistrate Judge Hart's Report and Recommendation is approved and adopted.
IT IS FURTHER ORDERED that petitioner's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody is denied without an evidentiary 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 mark this matter closed for statistical purposes.