BIRCKETT v. MCGINLEY

BIRCKETT v. MCGINLEY

Petitioner:	DAYMON BIRCKETT
Respondent:	ROBERT MCGINLEY
Case Number:	2:2018cv01533
Filed:	April 9, 2018
Court:	US District Court for the Eastern District of Pennsylvania
Office:	Philadelphia Office
County:	Philadelphia
Presiding Judge:	RICHARD A. LLORET
Presiding Judge:	PETRESE B. TUCKER
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
May 1, 2020	Filing 48 ORDERED AND DECREED THAT THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE RICHARD A. LLORET IS APPROVED AND ADOPTED; MR. BIRCKETTS MOTION FOR REQUEST FOR JUDICIAL NOTICE PURSUANT TO FEDERAL RULES OF EVIDENCE RULE 201(C) (DOC. NO. 42) IS DENIED; 3. M R. BIRCKETTS PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND 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 D ISTRICT COURTS, RULE 12; 4. 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), SINC E 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 OT HER GROUNDS BY GONZALEZ V. THALER, 565 U.S. 134 (2012); AND 5. THE CLERK OF COURTS SHALL MARK THIS FILE CLOSED. PETITIONERS MOTION FOR EXTENSION OF TIME IS DENIED AS MOOT.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 5/1/20. 5/1/20 ENTERED AND COPIES NOT MAILED TO PRO SE AND E-MAILED.(jpd, )

Date Filed

Document Text

May 1, 2020

Filing 48 ORDERED AND DECREED THAT THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE RICHARD A. LLORET IS APPROVED AND ADOPTED; MR. BIRCKETTS MOTION FOR REQUEST FOR JUDICIAL NOTICE PURSUANT TO FEDERAL RULES OF EVIDENCE RULE 201(C) (DOC. NO. 42) IS DENIED; 3. M R. BIRCKETTS PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND 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 D ISTRICT COURTS, RULE 12; 4. 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), SINC E 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 OT HER GROUNDS BY GONZALEZ V. THALER, 565 U.S. 134 (2012); AND 5. THE CLERK OF COURTS SHALL MARK THIS FILE CLOSED. PETITIONERS MOTION FOR EXTENSION OF TIME IS DENIED AS MOOT.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 5/1/20. 5/1/20 ENTERED AND COPIES NOT MAILED TO PRO SE AND E-MAILED.(jpd, )

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Petitioner: DAYMON BIRCKETT
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Respondent: ROBERT MCGINLEY
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