Acosta v. Russel

Full title: ORLIN RODRIGUEZ ACOSTA, Petitioner, v. KYLE RUSSELL, et al., Respondents.

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

Date published: Jul 25, 2022

2:22-cv-0656 (E.D. Pa. Jul. 25, 2022)

Opinion

2:22-cv-0656

07-25-2022

ORLIN RODRIGUEZ ACOSTA, Petitioner, v. KYLE RUSSELL, et al., Respondents.

JOSEPH F. LEESON, JR. United States District Judge.

ORDER

JOSEPH F. LEESON, JR. United States District Judge.

AND NOW, this 25^th day of July, 2022, after de novo review of Petitioner's petition for writ of habeas corpus, ECF No. 2; and upon consideration of the Report and Recommendation (“R&R”) of Magistrate Judge Carol Sandra Moore Wells, ECF No. 12, and in the absence of objections to the R&R¹, IT IS HEREBY ORDERED THAT:

1 Petitioner's deadline to file objections to the R&R passed more than one month ago.

1. The Report and Recommendation, ECF No. 12, is APPROVED and ADOPTED;

2. Claim one is DISMISSED, pursuant to Sone v. Powell, 428 U.S. 465 (1976);

3. Claims Two, Three, and Four are DISMISSED, without prejudice, for lack of exhaustion;

4. There is no basis to issue a certificate of appealability; and

5. This case is CLOSED.