JACOBS v. THE WARDEN OF CURRAN FROMHOLD CORRECTIONAL FACILITY

District Court, E.D. Pennsylvania

JACOBS v. THE WARDEN OF CURRAN FROMHOLD CORRECTIONAL FACILITY

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA STEVEN JACOBS, : : Petitioner, : : v. : : CIVIL ACTION THE WARDEN OF CURRAN : FROMHOLD CORRECTIONAL : FACILITY, THE CITY OF : No. 22-cv-04466-JHS PHILADELPHIA, DETECTIVE DONNA ZAMPIRI, et al., Respondents. ORDER AND NOW this ____7t_h_____day of _M_a_rc_h______, 2023, upon careful and independent consideration of Steven Jacobs’ petition for writ of habeas corpus (Doc. No. 1), and the Report and Recommendation of U.S. Magistrate Judge Richard A. Lloret, it is ORDERED that: 1. The Report and Recommendation of Magistrate Judge Richard A. Lloret is APPROVED and ADOPTED; 2. Mr. Jacobs’ Petition for Writ of Habeas Corpus is DENIED and DISMISSED without prejudice to refile, if he chooses, at the conclusion of his state court proceedings; 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); and, 4. The Clerk of Court shall mark this file closed.

BY THE COURT:

/s/ Joel H. Slomsky HON. JOEL H. SLOMSKY United States District Judge

Reference

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