Opinion
CIVIL ACTION No. 18-2913
07-15-2019
WALTER CRUMBLEY, a/k/a WILLIAM D. CLARK, Petitioner, v. BARRY SMITH, et al., Respondents.
ORDER
AND NOW, this 15th day of July, 2019, upon consideration of the Petition for Writ of Habeas Corpus filed by Petitioner Walter Crumbley (Doc. No. 1), the Response to the Petition (Doc. No. 11), and U.S. Magistrate Judge Marilyn Heffley's Report & Recommendation (Doc. No. 13) (the "R&R"), it is ORDERED that:
1. The R&R (Doc. No. 13) is APPROVED and ADOPTED.
2. The Petition for Writ of Habeas Corpus (Doc. No. 1) is DENIED.
3. There is no probable cause to issue a certificate of appealability.
4. The Clerk of Court shall mark this case CLOSED for all purposes, including statistics.
The R&R adequately addresses that Mr. Crumbley's claims are not cognizable under 28 U.S.C. § 2254(d). Mr. Crumbley did not file objections to the R&R, and the time for objections expired on March 15, 2019.
A certificate of appealability may issue only upon "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). A petitioner must "demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000); Lambert v. Blackwell, 387 F.3d 210, 230 (3d Cir. 2004). The Court concludes that U.S. Magistrate Judge Heffley is correct there is no probable cause to issue such a certificate in this action. --------
BY THE COURT:
/s/_________
GENE E.K. PRATTER
United States District Judge