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Wilson v. Smith

United States District Court, E.D. Pennsylvania
Mar 31, 2021
Civil Action 20-cv-02883-EGS (E.D. Pa. Mar. 31, 2021)

Opinion

Civil Action 20-cv-02883-EGS

03-31-2021

KEVIN WILSON, Petitioner, v. BARRY R. SMITH, et al., Respondents.


ORDER

Hon. Edward G. Smith, United States District Judge

AND NOW this day of, 2021, upon careful and independent consideration of Kevin Wilson's Petition for Writ of Habeas Corpus (Doc. No. 1), the Commonwealth's response in opposition (Doc. No. 7), and the Report and Recommendation of U.S. Magistrate Judge Richard A. Lloret, it is ORDERED that:

1. The Report and Recommendation of Magistrate Judge Richard A. Lloret is APPROVED and ADOPTED;
2. Mr. Wilson's Petition for Writ of Habeas Corpus is DISMISSED with prejudice by separate Judgment, filed contemporaneously with this Order. See Federal Rule of Civil Procedure 58(a); Rules Governing Section 2254 Cases in the United States District Courts, Rule 12;
3. No certificate of appealability shall issue under 28 U.S.C. § 2253(c)(1)(A) because “the applicant has [not] made a substantial showing of the denial of a constitutional right[, ]” under 28 U.S.C. § 2253(c)(2), since he 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); see United States v. Cepero, 224 F.3d 256, 262-63 (3d Cir. 2000), abrogated on other grounds by Gonzalez v. Thaler, 565 U.S. 134 (2012); and,
4. The Clerk of Court shall mark this file closed.


Summaries of

Wilson v. Smith

United States District Court, E.D. Pennsylvania
Mar 31, 2021
Civil Action 20-cv-02883-EGS (E.D. Pa. Mar. 31, 2021)
Case details for

Wilson v. Smith

Case Details

Full title:KEVIN WILSON, Petitioner, v. BARRY R. SMITH, et al., Respondents.

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

Date published: Mar 31, 2021

Citations

Civil Action 20-cv-02883-EGS (E.D. Pa. Mar. 31, 2021)