Nellom v. Sober

Full title: FRANK NELLOM, Petitioner, v. SOBER; THE DISTRICT ATTORNEY OF THE COUNTY OF…

Court: United States District Court, E.D. Pennsylvania

Date published: Aug 12, 2022

Civil Action 21-2835 (E.D. Pa. Aug. 12, 2022)

Opinion

Civil Action 21-2835

08-12-2022

FRANK NELLOM, Petitioner, v. SOBER; THE DISTRICT ATTORNEY OF THE COUNTY OF DELAWARE; and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

EDWARD G. SMITH, J.

ORDER

EDWARD G. SMITH, J.

AND NOW, this 12th day of August, 2022, after considering the amended petition for a writ of habeas corpus under 28 U.S.C. § 2254 filed by the pro se petitioner, Frank Nellom (“Nellom”) (Doc. No. 6), the state court record, Nellom's motion for summary judgment (Doc. No. 15), the respondents' response to the habeas petition (Doc. No. 16), the report and recommendations by United States Magistrate Judge Carol Sandra Moore Wells (Doc. No. 20), and Nellom's timely objections to the report and recommendations (Doc. No. 21); and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows:

1. The clerk of court shall REMOVE this matter from CIVIL SUSPENSE and RETURN it to the undersigned's active docket;

2. Nellom's objections to the report and recommendations (Doc. No. 21) are OVERRULED;

3. The Honorable Carol Sandra Moore Wells' report and recommendations (Doc. No. 20) is APPROVED and ADOPTED except as otherwise noted in the accompanying memorandum opinion;

4. Nellom's motion for summary judgment (Doc. No. 15) is DENIED;

5. The amended petition for a writ of habeas corpus (Doc. No. 6) is DENIED;

6. The court DECLINES to issue a certificate of appealability; and

7. The clerk of court shall MARK this matter as CLOSED.