SHELLENHAMER v. KAUFFMAN ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA RALPH SHELLENHAMER, : CIVIL ACTION Petitioner : v. : SUPERINTENDENT KAUFMANN etal., : NO. 19-0148 Respondents : ORDER AND NOW, this __( J Hk dy of December, 2019, upon consideration of pro se Petitioner Ralph Shellenhamer’s Petition for Writ of Habeas Corpus (Doc. No. 2), the respondents’ response thereto (Doc. No. 11), U.S. Magistrate Judge Lynne A. Sitarski’s Report & Recommendation (Doc. No. 14), and the lack of objections thereto, it is ORDERED that: 1. The Report & Recommendation (Doc. No. 14) is APPROVED and ADOPTED. 2. The Petition for Writ of Habeas Corpus (Doc. No. 2) is DENIED. 3. There is no probable cause to issue a certificate of appealability.! 4. The Clerk of Court shall mark this case CLOSED for all purposes, including statistics. BY THE COURT: E.K. PRATTER UNITED STATES DISTRICT JUDGE A certificate of appealability may issue only upon “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). A petitioner must “demonstrate that reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000); Lambert v. Blackwell, 387 F.3d 210, 230 (Gd Cir. 2004). The Court agrees with U.S. Magistrate Judge Sitarski that there is no probable cause to issue such a certificate in this action.