STEWART v. BRITTAIN et al
| DONALD STEWART |
| KATHY BRITTAIN, SETH WILLIAMS and THE ATTORNEY GENERAL OF THE STATE OF JOSH SHAPIRO |
| 2:2018cv01779 |
| April 26, 2018 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| RICHARD A. LLORET |
| JEFFREY L. SCHMEHL |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
52
ORDER THAT PETITIONER DONALD STEWART HAS FILED ANOTHER MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (ECF NO. 48 ). AS WITH HIS PRIOR MOTIONS, THE CURRENT MOTION IS DENIED AS MOOT BECAUSE PETITIONER HAS ALREADY PAID HIS FILING FEE (ECF NOS. 10 , [1 1]); PETITIONER DONALD STEWARTS PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED WITH PREJUDICE; THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE RICHARD A. LLORET IS APPROVED AND ADOPTED; NO CERTIFICATE OF APPEALABILITY SHAL L 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[,] NOR 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, 263-63 (3D CIR. 2000), ABROGATED ON OTHER GROUNDS BY GONZALEZ V. THALER, 565 U.S. 134 (2012); AND THE CLERK OF COURT SHALL MARK THIS FILE CLOSED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/9/22. 9/12/22 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mas)
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