Royster v. Mahally

Full title: TELLY ROYSTER, Petitioner, v. LAWRENCE MAHALLY; THE DISTRICT ATTORNEY OF…

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

Date published: Dec 14, 2022

Civil Action 19-2126 (E.D. Pa. Dec. 14, 2022)

Opinion

Civil Action 19-2126

12-14-2022

TELLY ROYSTER, Petitioner, v. LAWRENCE MAHALLY; THE DISTRICT ATTORNEY OF THE COUNTY OF PHILA.; and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

EDWARD G. SMITH, JUDGE

ORDER

EDWARD G. SMITH, JUDGE

AND NOW, this 14th day of December, 2022, after considering the petition for a writ of habeas corpus under 28 U.S.C. § 2254 filed by the pro se petitioner, Telly Royster (Doc. No. 2), the report and recommendation filed by United States Magistrate Judge Timothy R. Rice (Doc. No. 8), and the petitioner's objections to the report and recommendation (Doc. No. 16); and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows:

1. The petitioner's objections to the report and recommendation (Doc. No. 16) are OVERRULED;

2. The Honorable Timothy R. Rice's report and recommendation (Doc. No. 8) is APPROVED and ADOPTED. It is also SUPPLEMENTED by this court's analysis in the separately filed memorandum opinion;

3. The petition for a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. No. 2) is DENIED WITH PREJUDICE;

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

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

BY THE COURT: