Opinion
Civil Action 22-CV-1018
08-15-2024
AXEL BARRETO, Petitioner, v. SUPERINTENDENT OBERLANDER, et al., Respondents.
ORDER
CHAD F. KENNEY, JUDGE
NOW, this 15th day of August 2024, upon consideration of the Petition for Writ of Habeas Corpus (ECF No. 1), the response to the Petition (ECF No. 19), the Report and Recommendation filed by United States Magistrate Judge Lynne A. Sitarski (ECF No. 28), and no objections to the Report and Recommendation having been filed, and after a thorough and independent review of the record, it is ORDERED that:
1. The Report and Recommendation of Magistrate Judge Lynne A. Sitarski is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE; and
3. No certificate of appealability shall issue because the petitioner has not made a substantial showing of the denial of a constitutional right under 28 U.S.C. § 2253(c)(2).