Opinion
CIVIL 5:20-cv-03722-JMG
08-13-2024
ANTHONY DARRELL HEATH, Plaintiff, v. SUPERINTENDENT, SCI Mahanoy, Defendant.
ORDER
JOHN M. GALLAGHER, UNITED STATES DISTRICT COURT JUDGE.
AND NOW, this 13th day of August 2024, upon consideration of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1), Respondent's Responses in Opposition (ECF Nos. 19, 66), The Report and Recommendation by Magistrate Judge Lynne A. Sitarski (ECF No. 89), Petitioner's Motion for Relief Pursuant to Schlup (ECF No. 92), Respondent's Response to Motion for Relief (ECF No. 101), Petitioner's Response to Respondent's Response (ECF No. 112), Petitioner's Motion for Collateral Estoppel (ECF No. 113), Magistrate Judge Lynne A. Sitarski's Second Report and Recommendation (ECF No. 114), and Petitioner's Objections (ECF Nos. 120, 121), IT IS HEREBY ORDERED as follows:
1. The Reports and Recommendations (ECF Nos. 89, 114) are APPROVED and ADOPTED.
2. Petitioner's Objections are OVERRULED.
3. The Petition for Writ of Habeas Corpus (ECF No. 1), Motion for Relief Pursuant to Schlup (ECF No. 92), and Motion for Collateral Estoppel (ECF No. 113) are DENIED.
4. The Clerk of Court is DIRECTED to mark this case CLOSED.
The Court agrees with Judge Sitarski's finding that Petitioner's habeas claim is procedurally defaulted. Additionally, Petitioner fails to provide new and reliable evidence to satisfy Schlup.