DAVIS v. TICE

• Court: District Court, E.D. Pennsylvania
• Decided: March 28, 2022
• Docket: 2:20-cv-04307
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________

RONALD DAVIS, : Petitioner, : : v. : Civil No. 2:20-cv-04307-JMG : ERIC TICE, et al., : Respondents. : ____________________________________

ORDER

AND NOW, this 28th day of March, 2022, upon careful and independent consideration of Petitioner’s Petition for Writ of Habeas Corpus (ECF No. 1), the Report and Recommendation of U.S. Magistrate Judge David R. Strawbridge (ECF No. 14), and Petitioner’s objections thereto (ECF No. 18), it is HEREBY ORDERED that: 1. The Report and Recommendation of Magistrate Judge David R. Strawbridge (ECF No. 14) is APPROVED and ADOPTED; 2. Petitioner’s Petition for Writ of Habeas Corpus (ECF No. 1) is DENIED AND DISMISSED; 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); 4. The Clerk of Court shall mark this case CLOSED.

BY THE COURT:

/s/ John M. Gallagher JOHN M. GALLAGHER United States District Court Judge