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Bey v. Woelpper

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Jan 25, 2021
CIVIL ACTION No. 20-CV-05103-HB (E.D. Pa. Jan. 25, 2021)

Opinion

CIVIL ACTION No. 20-CV-05103-HB

01-25-2021

RESHAN SAVAGE BEY, Petitioner, v. JUDGE DONNA. M. WOELPPER, et al., Respondents.


ORDER

AND NOW, this 25th day of January, 2021, upon careful and independent consideration of Reshan Savage Bey's Petition for Writ of Habeas Corpus (Doc. No. 1), the Respondents' response in opposition (Doc. No. 10), the Report and Recommendation of U.S. Magistrate Judge Richard A. Lloret (Doc. No. 11), petitioner's "Notice of Objection to Response from The District of Attorney's Office" (Doc. No. 12), and petitioner's "Notice of Objection to Report and Recommendation" (Doc. No. 13), it is ORDERED that:

1. The Report and Recommendation of Magistrate Judge Richard A. Lloret is APPROVED and ADOPTED;

2. Mr. Bey's Petition for Writ of Habeas Corpus is DENIED and DISMISSED without prejudice by separate Judgment, filed contemporaneously with this Order. See Federal Rule of Civil Procedure 58(a); Rules Governing Section 2254 Cases in the United States District Courts, Rule 12;

3. No certificate of appealability shall issue under 28 U.S.C. § 2253(c)(1)(A) because "the applicant has [not] made a substantial showing of the denial of a constitutional right[,]" under 28 U.S.C. § 2253(c)(2), since he has not
demonstrated that "reasonable jurists" would find my "assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000); see United States v. Cepero, 224 F.3d 256, 262-63 (3d Cir. 2000), abrogated on other grounds by Gonzalez v. Thaler, 565 U.S. 134 (2012); and

4. The Clerk of Courts shall mark this file closed.

BY THE COURT:

/s/ Harvey Bartle III

HON. HARVEY BARTLE III

U.S. DISTRICT JUDGE


Summaries of

Bey v. Woelpper

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Jan 25, 2021
CIVIL ACTION No. 20-CV-05103-HB (E.D. Pa. Jan. 25, 2021)
Case details for

Bey v. Woelpper

Case Details

Full title:RESHAN SAVAGE BEY, Petitioner, v. JUDGE DONNA. M. WOELPPER, et al.…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Date published: Jan 25, 2021

Citations

CIVIL ACTION No. 20-CV-05103-HB (E.D. Pa. Jan. 25, 2021)