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

KEITH TOLBERT : CIVIL ACTION : v. : No. 18-4905 : TAMMY FERGUSON, et al. : ORDER

AND NOW, this 24th day of September, 2019, upon careful and independent consideration of Petitioner Keith Tolbert’s pro se Petition for Writ of Habeas Corpus Under

, and after review of the Report and Recommendation of United States Magistrate Judge Marilyn Heffley, to which no objections have been filed,1 it is ORDERED: 1. The Report and Recommendation (Document 14) is APPROVED and ADOPTED; 2. Tolbert’s Petition for writ of habeas corpus is DENIED and DISMISSED; 3. Tolbert’s Motion to Stay (Document 12) is DENIED; 4. A certificate of appealability shall not issue, as Tolbert has not made a substantial showing of the denial of a constitutional right nor demonstrated that reasonable jurists would debate the correctness of the procedural aspects of this ruling. See

(c)(2); Slack v. McDaniel,

(2000). The Clerk of Court is DIRECTED to mark this case CLOSED. BY THE COURT:

/s/ Juan R. Sánchez Juan R. Sánchez, C.J.

1 The Report and Recommendation was sent to all parties of record on August 20, 2019, together with a Notice from the Clerk of Court advising the parties of their obligation to file any objections within 14 days after service of the Notice. See Local R. Civ. P. 72.1 IV(b) (“Any party may object to a magistrate judge’s proposed findings, recommendations or report under

(b)(1)(B) . . . within fourteen (14) days after being served with a copy thereof.”). To date, no objections have been filed.