Henry v. Coleman

Full title: JOSHUA HENRY, Petitioner, v. BRIAN V. COLEMAN, et al., Respondents.

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

Date published: Mar 13, 2018

Civ. No. 14-6833 (E.D. Pa. Mar. 13, 2018)

Opinion

Civ. No. 14-6833

03-13-2018

JOSHUA HENRY, Petitioner, v. BRIAN V. COLEMAN, et al., Respondents.

Paul S. Diamond, J.

JUDGMENT

AND NOW, this 13th day of March, 2018, upon consideration of the Petition for Habeas Relief under 28 U.S.C. § 2254 (Doc. No. 1), the Commonwealth's Response to Petition for Writ of Habeas Corpus (Doc. No. 11), Judge Lloret's Report and Recommendation (Doc. No. 18), Petitioner's Objections (Doc. No. 22), the Commonwealth's Response to Objections (Doc. No. 24), all other related submissions (Doc. No. 26), and after a complete and independent review of the record, it is hereby ORDERED that:

1. Petitioner's Objections (Doc. No. 22) are OVERRULED;

2. The Report and Recommendation (Doc. No. 18) is APPROVED and ADOPTED in part;

3. The Petition for Writ of Habeas Corpus (Doc. No. 1) is DENIED and DISMISSED;

4. A Certificate of Appealability shall NOT ISSUE under 28 U.S.C. § 2253(c)(1)(A) because Petitioner 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); and

5. The CLERK OF COURT shall CLOSE this action.

AND IT IS SO ORDERED.

/s/ Paul S . Diamond

Paul S. Diamond, J.