Mumaw v. McGinley

Full title: ERIC MATTHEW MUMAW, #QA9960, Petitioner, v. THOMAS MCGINLEY…

Court: United States District Court, Middle District of Pennsylvania

Date published: Nov 7, 2024

Civil Action 4:23-cv-00491 (M.D. Pa. Nov. 7, 2024)

Opinion

Civil Action 4:23-cv-00491

11-07-2024

ERIC MATTHEW MUMAW, #QA9960, Petitioner, v. THOMAS MCGINLEY, Superintendent, Respondent.

(SAPORITO, J.)

ORDER

(SAPORITO, J.)

AND NOW, this 7^th day of November, 2024, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:

1. The report and recommendation of Judge Bloom (Doc. 15) is ADOPTED in part and NOT ADOPTED in part;

2. With respect to the alternative finding that claim #5, challenging the state trial court's refusal to permit certain opinion testimony regarding the authenticity of electronic evidence, had been denied on the merits by the state appellate court, the report and recommendation is NOT ADOPTED;

3. The remainder of the report and recommendation is ADOPTED as the decision of the court, as supplemented by the accompanying Memorandum;

4. The petitioner's § 2254 petition for a writ of habeas corpus is DENIED;

5. A certificate of appealability shall not issue; and

6. The clerk shall mark this case as CLOSED.