Johns v. Capozza

Full title: DEREK M. JOHNS, Petitioner, v. MARK CAPOZZA; THE DISTRICT ATTORNEY OF THE…

Court: United States District Court, E.D. Pennsylvania

Date published: Nov 12, 2021

Civil Action 20-1055 (E.D. Pa. Nov. 12, 2021)

Opinion

Civil Action 20-1055

11-12-2021

DEREK M. JOHNS, Petitioner, v. MARK CAPOZZA; THE DISTRICT ATTORNEY OF THE COUNTY OF BUCKS; THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

EDWARD G. SMITH, J.

ORDER

EDWARD G. SMITH, J.

AND NOW, this 12th day of November, 2021, after considering the petition under 28 U.S.C. § 2254 for a writ of habeas corpus filed by the petitioner, Derek M. Johns (Doc. No. 1), the response in opposition to the petition filed by the respondents (Doc. No. 7), the petitioner's reply/clarification to respondent's answer in opposition to the petition and motion to amend (Doc. No. 13), United States Magistrate Judge Marilyn Heffley's report and recommendation (Doc. No. 15), and the petitioner's objections to the report and recommendation (Doc. No. 18); and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows:

1. The clerk of court is DIRECTED to REMOVE this action from civil suspense and RETURN it to the court's active docket;

2. The petitioner's objections to the report and recommendation (Doc. No. 18) are OVERRULED;

3. The Honorable Marilyn Heffley's report and recommendation (Doc. No. 15) is APPROVED and ADOPTED;

4. The petitioner's petition for a writ of habeas corpus (Doc. No. 1) is DENIED;

5. The petitioner has not made a substantial showing of the denial of a constitutional right and is therefore not entitled to a certificate of appealability, 28 U.S.C. § 2253(c)(2); and

6. The clerk of court shall mark this case as CLOSED.