Opinion
Civil Action 22-cv-1798
02-22-2024
ORDER
CHAD F. KENNEY, JUDGE
NOW, this 22nd day of February 2024, upon consideration of the Petition for Writ of Habeas Corpus (ECF No. 1), the Commonwealth's Response and Supplemental Response (ECF Nos. 10, 24), Petitioner's Reply (ECF No. 25), Petitioner's Motion for Discovery (ECF No. 17), the Report and Recommendation filed by United States Magistrate Judge Lynne A. Sitarski (ECF No. 43), 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 Lynne A. Sitarski (ECF No. 43) is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus (ECF No. 1) is DISMISSED;
3. The Motion for Discovery (ECF No. 17) is DENIED; and
4. 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).
The Clerk of Court shall mark this case CLOSED for statistical purposes.
BY THE COURT: