Shellenhamer v. Kaufmann

Full title: RALPH SHELLENHAMER, Petitioner v. SUPERINTENDENT KAUFMANN et al.…

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

Date published: Dec 6, 2019

CIVIL ACTION NO. 19-0148 (E.D. Pa. Dec. 6, 2019)

Opinion

CIVIL ACTION NO. 19-0148

12-06-2019

RALPH SHELLENHAMER, Petitioner v. SUPERINTENDENT KAUFMANN et al., Respondents

GENE E.K. PRATTER UNITED STATES DISTRICT JUDGE

ORDER

AND NOW, this 6^th day of December, 2019, upon consideration of pro se Petitioner Ralph Shellenhamer's Petition for Writ of Habeas Corpus (Doc. No. 2), the respondents' response thereto (Doc. No. 11), U.S. Magistrate Judge Lynne A. Sitarski's Report & Recommendation (Doc. No. 14), and the lack of objections thereto, it is ORDERED that:

1. The Report & Recommendation (Doc. No. 14) is APPROVED and ADOPTED.

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

3. There is no probable cause to issue a certificate of appealability.¹

1 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 agrees with U.S. Magistrate Judge Sitarski that there is no probable cause to issue such a certificate in this action. --------

4. The Clerk of Court shall mark this case CLOSED for all purposes, including statistics.

BY THE COURT:

/s/_________

GENE E.K. PRATTER

UNITED STATES DISTRICT JUDGE