McCLOSKEY v. PA BOARD OF PROBATION PAROLE

Full title: CHARLES McCLOSKEY, [AY-3992], Petitioner v. PENNSYLVANIA BOARD OF…

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

Date published: Dec 13, 2005

Civil Action No. 05-230 (E.D. Pa. Dec. 13, 2005)

Opinion

Civil Action No. 05-230.

December 13, 2005

ORDER

LAWRENCE STENGEL, Judge

AND NOW, this __ day of December, 2005, upon careful and independent consideration of the Petition for Writ of Habeas Corpus, the Government's Response and Petitioner's Reply thereto, and after review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, it is ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;

2. The Petition for a Writ of Habeas Corpus (Dkt. Nos. 1,3) is DENIED with prejudice;

3. Petitioner's Application for an Immediate Evidentiary Hearing (Dkt. Nos. 17, 21), his Petition for the Court to take Judicial Notice (Dkt. No. 24), his Motion to Expedite (Dkt. No. 26), and his Amendment and Motion for Leave to Amend Petition for Writ of Habeas Corpus (Dkt. No. 27) are DENIED.

4. A certificate of appealability SHALL NOT issue because we do not believe Petitioner has made "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); and

5. The Clerk of the Court shall mark this case CLOSED for statistical purposes.