United States District Court, E.D. Pennsylvania
July 28, 2015
JUAN LUIS NEGRON-NEGRON, Petitioner,
THERESA A. DELBALSO, PA STATE ATTORNEY GENERAL and BERKS COUNTY DISTRICT ATTORNEY'S OFFICE, Respondents.
JAMES KNOLL GARDNER, District Judge.
NOW, this 28th day of July, 2015, upon consideration of the following documents:
(1) Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, which petition is dated April 29, 2014 and was filed by petitioner Juan Luis Negron-Negron pro se on May 8, 2014;
(2) Answer to the Petition for Writ of Habeas Corpus, which answer was filed by respondents on July 23, 2014, together with;
(A) Memorandum in Support of Commonwealth's Answer to the Petition for Writ of Habeas Corpus; and
(B) Appendix to Answer to Petition for Writ of Habeas Corpus, which includes respondents' exhibits;
(3) Response to Commonwealth Answer to Petition for Writ of Habeas [Corpus] filed by petitioner pro se on August 18, 2014; and
(4) Report and Recommendation of Magistrate Judge Linda K. Caracappa dated and filed August 27, 2014 ("Report and Recommendation");
it appearing that as of the date of this Order no objections have been filed to the Report and Recommendation of Magistrate Judge Caracappa; it further appearing after review of this matter that Magistrate Judge Caracappa'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 Caracappa's Report and Recommendation is approved and adopted.
IT IS FURTHER ORDERED that the petition for habeas corpus relief is dismissed with prejudice.
IT IS FURTHER ORDERED that because petitioner has not met statutory requirements to have his case heard, and no reasonable juror could find his ruling debatable, and because petitioner fails to demonstrate denial of a constitutional right, a certificate of appealability is denied.
IT IS FURTHER ORDERED that the Clerk of Court shall mark this case closed for statistical purposes.