Opinion
Civil Action 23-3913
11-13-2024
SAMUEL GARCIA, Petitioner, v. BERNADETTE MASON, et al., Respondents.
ORDER
HODGE, KELLEY B., J.
AND NOW, this 13th day of November, 2024, upon consideration of the Petition for Writ of Habeas Corpus (ECF No. 2), the Commonwealth's Response (ECF No. 14), Petitioner's Traverse (ECF No. 15), the other documents filed by the parties, and after review of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells (ECF No. 16), is hereby ORDERED that:
1. The Report and Recommendation is APPROVED AND ADOPTED;
2. The Petition for a Writ of Habeas Corpus is DISMISSED, without an evidentiary hearing; and
3. Petitioner has neither shown denial of a federal constitutional right, nor established that reasonable jurists would disagree with this court's procedural disposition of his claims. Consequently, a certificate of appealability is DENIED.
IT IS SO ORDERED.