Opinion
3:19-cv-00218
02-22-2023
BRIAN LEWIS NYE, Petitioner, v. JOSH SHAPIRO, et al., Respondents.
MEMORANDUM ORDER
Mark R. Hornak, Chief United States District Judge
This civil action involves a petition for relief pursuant to 28 U.S.C. § 2254. (ECF No. 1). The matter was referred to Magistrate Judge Maureen Kelly for a report and recommendation. Judge Kelly issued a Report and Recommendation that the petition be denied for lack of merit, and recommended that no certificate of appealability issue. (ECF No. 12). The R&R was served upon the Petitioner, with instructions as to the filing of objections to the R&R. No Objections to the R&R have been filed.
The undersigned has nonetheless carefully considered the matters set forth in the papers of record and the R&R, de novo, and upon such review concludes that the R&R is correct in all respects and is in accord with the applicable law and is therefore adopted as the Opinion of the Court.
The petition is DENIED for the reasons set forth in the R&R. Because the Court concludes that jurists of reasons would not find it debatable whether the Petitioner's claims have merit, no certificate of appealability shall issue. The Clerk shall close the case.