Fulton v. Smith

Full title: DENNIS FULTON, Plaintiff, v. BARRY SMITH, et al., Defendants.

Court: United States District Court, E.D. Pennsylvania

Date published: Oct 16, 2024

Civil Action 20-3916 (E.D. Pa. Oct. 16, 2024)

Opinion

Civil Action 20-3916

10-16-2024

DENNIS FULTON, Plaintiff, v. BARRY SMITH, et al., Defendants.

JOEL H. SLOMSKY, J.

ORDER

JOEL H. SLOMSKY, J.

AND NOW, this 16th day of October 2024, upon consideration of Petitioner Dennis Fulton's pro se Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. No. 1), the Government's Response in Opposition (Doc. No. 45), the Report and Recommendation of United States Magistrate Judge Scott W. Reid (Doc. No. 46), Petitioner's Objections to the Report and Recommendation (Doc. No. 48), the relevant state court record, and in accordance with the Opinion of the Court issued this day, it is ORDERED that:

1. The Report and Recommendation (Doc. No. 46) is APPROVED and ADOPTED.

2. Petition for a Writ of Habeas Corpus (Doc. No. 1) is DENIED.

3. A Certificate of Appealability SHALL NOT issue because, based on the analysis contained in the Magistrate Judge's Report and Recommendation, as approved and adopted by this Court, a reasonable jurist could not conclude that the Court is incorrect in denying and dismissing the Habeas Petition. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473 (2000).

4. The Clerk of Court shall mark this case closed.