Opinion
Civil Action 20-5135
11-01-2022
DARRYL WEST DEWS, Petitioner, v. ERIC TICE et al. Respondents.
ORDER
EDUARDOC. ROBRENO, J.
AND NOW, this 31st day of October, 2022, upon consideration of the pro se 28 U.S.C. § 2254 petition for writ of habeas corpus filed by Petitioner Darryl (West) Dews (ECF No. 2), the Respondents' Response in Opposition (ECF No. 9), Petitioner's Reply (ECF No. 10), the available state record, the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey (ECF No. 11), Petitioner's Objections thereto (ECF No. 13), the Respondents' Response to Petitioner's Objections (ECF No. 15), and Petitioner's Reply (ECF No. 17), it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. Petitioner's objections are OVERRULED;
3. The petition for a writ of habeas corpus is DENIED AND DISMISSED with prejudice;
4. A certificate of appealability SHALL NOT issue, in that 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); and
5. The Clerk of the Court shall mark this case CLOSED for statistical purposes.
AND IT IS SO ORDERED.