Mitchell v. Glimore

Full title: EDDIE MITCHELL, Petitioner v. ROBERT GILMORE et at Respondents

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

Date published: Aug 23, 2023

Civil Action 19-5507 (E.D. Pa. Aug. 23, 2023)

Opinion

Civil Action 19-5507

08-23-2023

EDDIE MITCHELL, Petitioner v. ROBERT GILMORE et at Respondents

Gene E.K. Pratter, United States District Judge

ORDER

Gene E.K. Pratter, United States District Judge

AND NOW, this 23^rd day of August, 2023, upon careful and independent consideration of Mr. Mitchell's Petition for Writ of Habeas Corpus (Doc. No, 1), the response thereto (Doc. No. 10), Mr. Mitchell's Reply (Doc. No. 17), available state court records, the Report and Recommendation of United States Magistrate Judge David R. Strawbridge (Doc. No. 23), and Mr. Mitchell's Objections (Doc. No. 28), and for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

1. Mr. Mitchell's Objections (Doc. No. 28) are OVERRULED.

2. The Report and Recommendation (Doc. No. 23) is APPROVED and ADOPTED;

3. The Petition (Doc. No. 1) is DENIED and DISMISSED.

4. A certificate of appealability SHALL NOT issue because the Petitioner 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 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).

5. The Clerk of Court shall mark this case CLOSED for all purposes, including statistics.