Opinion
Civil Action 17-5584
02-15-2022
JONATHAN F. HARRIS, Petitioner, v. MARK GARMON, Respondent.
ORDER
EDWARD G. SMITH, J.
AND NOW, this 15th day of February, 2022, after considering (1) the petition for a writ of habeas corpus under 28 U.S.C. § 2254 filed by the pro se petitioner, Jonathan F. Harris (“Harris”) (Doc. No. 1), (2) Harris's Rule 7 motion to expand the record (Doc. No. 3), (3) Harris's motion to amend section 2254 petition (Doc. No. 8), (4) Harris's amended section 2254 petition (Doc. No. 13), (5) the respondent's response to the petition for writ of habeas corpus (Doc. No. 16), (6) Harris's traverse to response to order to show cause (Doc. No. 20), (7) the report and recommendation by United States Magistrate Judge Richard A. Lloret (Doc. No. 23), (8) Harris's objections to the report and recommendation (Doc. No. 25), (9) Harris's motion to show cause (Doc. No. 29), and the state court record; and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows:
1. The clerk of court is DIRECTED to REMOVE this action from civil suspense and RETURN it to the undersigned's active docket;
2. Harris's objections to the report and recommendation (Doc. No. 25) are OVERRULED IN PART and SUSTAINED IN PART as follows:
a. Harris's objections to Judge Lloret's statement that the Superior Court “sidestepped the errors in the PCRA court's ruling” (Doc. No. 25 at 2) is SUSTAINED and this statement is STRICKEN from the report and recommendation; and
b. In all other respects, Harris's objections are OVERRULED;
3. Judge Lloret's report and recommendation (Doc. No. 23) is APPROVED and ADOPTED except as otherwise modified in the separately filed memorandum opinion;
4. Harris's petition for writ of habeas corpus (Doc. No. 1), as amended by his other submissions (Doc. Nos. 3, 8, 13), is DENIED;
5. The court DECLINES to issue a certificate of appealability;
6. Harris's motion for an order to show cause (Doc. No. 29) is DENIED; and
7. The clerk of court shall mark this case as CLOSED.