Opinion
Civil Action 21-4285
08-01-2022
DOREL JENKINS v. MORRIS HOUSER, SCI Benner Superintendent, THE DISTRICT ATTORNEY OF PHILADELPHIA COUNTY and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA
ORDER
TIMOTHY J. SAVAGE J.
NOW, this 1st day of August, 2022, upon consideration of the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus (Doc. No. 7), the response to the petition, the petitioner's traverse response, the defendants' sur-reply, the petitioner's additional traverse and response to sur-reply, the Report and Recommendation filed by United States Magistrate Judge Sandra Moore Wells (Doc. No. 18), and the petitioner's objections to the Report and Recommendation, and after a thorough and independent review of the record, it is ORDERED that:
1. The petitioner's objections are OVERRULED.
2. The Report and Recommendation of Magistrate Judge Sandra Moore Wells is APPROVED and ADOPTED.
3. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE.
4. Because there has been no substantial showing of the denial of a constitutional right, a certificate of appealability will not issue.