Bazzley v. Houser

Full title: PHILLIP BAZZLEY, Petitioner, v. MORRIS HOUSER, Superintendent; THE…

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

Date published: Jul 28, 2022

Civil Action 21-2256 (E.D. Pa. Jul. 28, 2022)

Opinion

Civil Action 21-2256

07-28-2022

PHILLIP BAZZLEY, Petitioner, v. MORRIS HOUSER, Superintendent; THE DISTRICT ATTORNEY OF THE COUNTY OF BERKS; and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

EDWARD G. SMITH, J.

ORDER

EDWARD G. SMITH, J.

AND NOW, this 28th day of July, 2022, after considering the amended petition for a writ of habeas corpus under 28 U.S.C. § 2254 filed by the petitioner, Phillip Bazzley (“Bazzley”) (Doc. No. 4), the state court record, the respondents' response to the habeas petition (Doc. No. 9), the report and recommendations by United States Magistrate Judge Carol Sandra Moore Wells (Doc. No. 11), and Bazzley's timely objections to the report and recommendations (Doc. No. 12); and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows:

1. The clerk of court shall REMOVE this matter from CIVIL SUSPENSE and RETURN it to the undersigned's active docket;

2. Bazzley's objections to the report and recommendations (Doc. No. 12) are OVERRULED;

3. The Honorable Carol Sandra Moore Wells' report and recommendations (Doc. No. 11) is APPROVED and ADOPTED, except as otherwise set forth in the memorandum opinion;

4. The amended petition for a writ of habeas corpus (Doc. No. 4) is DENIED;

5. The court DECLINES to issue a certificate of appealability; and

6. The clerk of court shall MARK this matter as CLOSED.