Opinion
Civil Action 23-CV-1461
01-02-2024
EVAN WARREN PRICE, Petitioner, v. SCOTT KLINEFELTER, et al., Respondents.
ORDER
JOHN M. GALLAGHER, UNITED STATES DISTRICT COURT JUDGE
AND NOW, this 29th day of December, 2023, upon consideration Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1), Respondent's Response (ECF No. 11), the other documents filed by the parties, and after review of the Report and Recommendation of United States Magistrate Judge Scott W. Reid (ECF No. 12), IT IS HEREBY ORDERED as follows:
1. The Report and Recommendation is APPROVED AND ADOPTED;
2. The Petition for Writ of Habeas Corpus is DENIED, without an evidentiary hearing; and
3. Petitioner has neither shown denial of a federal constitutional right, nor established that reasonable jurist would disagree with this Court's procedural disposition of his claims. Consequently, a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Clerk of Court is DIRECTED to mark this case CLOSED.