Banks v. Warden of SCI-Benner

Full title: MARVIN BANKS, Petitioner, v. WARDEN OF SCI-BENNER, et al., Respondents.

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

Date published: Feb 28, 2024

Civil Action 22-602 (E.D. Pa. Feb. 28, 2024)

Opinion

Civil Action 22-602

02-28-2024

MARVIN BANKS, Petitioner, v. WARDEN OF SCI-BENNER, et al., Respondents.

JOEL H. SLOMSKY, J.

ORDER

JOEL H. SLOMSKY, J.

AND NOW, this 28th day of February 2024, upon consideration of the Report and Recommendation filed by United States Magistrate Judge Pamela A. Carlos (Doc. No. 23), Petitioner's Objections to the Report and Recommendation (Doc. No. 24), and the record in this case, it is ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;

2. Petitioner's request for review and Petition for Writ of Habeas Corpus (Doc. No. 1) is DENIED and DISMISSED with prejudice;

3. A Certificate of Appealability SHALL NOT be issued because Defendant failed to “demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000).

4. Judgment is entered in favor of RESPONDENTS;

5. The Clerk of Court shall mark this case CLOSED.

BY THE COURT: