Opinion
Civil Action 21-4726
12-19-2024
WILLIAM NOBBLEN v. SUPT. KATHY BRITTIAN, SEC. JOHN WETZZEL, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA
ORDER
TIMOTHY J. SAVAGE, J.
NOW, this 19th day of December, 2024, upon consideration of the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 (Doc. No. 1) and Supplemental Amendment to the petition (Doc. No. 25), the respondents' responses, the petitioner's reply, the Report and Recommendation filed by United States Magistrate Judge Jose Raul Arteaga (Doc. No. 40), and no objections to the Report and Recommendation having been filed, and after a thorough and independent review of the record, it is ORDERED that:
1. The Report and Recommendation of Magistrate Judge Jose Raul Arteaga is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE; and
3. No certificate of appealability shall issue because the petitioner has not made a substantial showing of the denial of a constitutional right under 28 U.S.C. § 2253(c)(2).