Washington v. Smith

Full title: ALVIN WASHINGTON, Petitioner, v. BARRY SMITH, et al., Respondents.

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

Date published: Jul 18, 2019

Civ. No. 18-3327 (E.D. Pa. Jul. 18, 2019)

Opinion

Civ. No. 18-3327

07-18-2019

ALVIN WASHINGTON, Petitioner, v. BARRY SMITH, et al., Respondents.

Paul S. Diamond, J.

JUDGMENT

AND NOW, this 18th day of July, 2019, upon careful and independent consideration of Alvin Washington's pro se Petition for Writ of Habeas Corpus (Doc. No. 2), Respondents' Response to Petition (Doc. No. 7), Washington's Petition for Stay of Deliberation (Doc. No. 18), Respondents' Response in Opposition to Stay (Doc. No. 20), Magistrate Judge Hey's Report and Recommendation (Doc. No. 21), Washington's Objections (Doc. No. 24), Respondents' Response to Objections (Doc. No. 26), and available state court records, it is hereby ORDERED that:

1. The Report and Recommendation (Doc. No. 21) is APPROVED and ADOPTED;

2. Washington's Objections (Doc. No. 24) are OVERRULED;

3. Washington's Petition for Stay of Deliberation (Doc. No. 18) is DENIED;

4. The Petition for Writ of Habeas Corpus (Doc. No. 2) is DISMISSED with prejudice;

5. A Certificate of Appealability shall NOT ISSUE. See 28 U.S.C. § 2253(c)(1)(A); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and

6. The CLERK OF COURT shall CLOSE this case.

AND IT IS SO ORDERED.

/s/ Paul S . Diamond

Paul S. Diamond, J.