Opinion
Civil Action 19-3147
09-30-2024
JON SMITH v. MARK CAPOZZA, et al.
ORDER
JOHN R. PADOVA, J.
AND NOW, this 30th day of September, 2024, upon careful and independent consideration of the Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 1), and all documents filed in connection therewith, and after review of United States Magistrate Judge Richard A. Lloret's Report and Recommendation (Docket No. 57), and consideration of Petitioner's Objections to the Report and Recommendation (Docket No. 58), and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. Petitioner's Objections are SUSTAINED with respect to Section B(ii) of the Report and Recommendation and OVERRULED in all other respects.
2. The Report and Recommendation of Magistrate Judge Lloret is APPROVED and ADOPTED, except as to Section B(ii).
3. The Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 is DISMISSED.
4. As Petitioner has failed to make a substantial showing of the denial of a constitutional right or demonstrated that a reasonable jurist would debate the correctness of this ruling, the Court declines to issue a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(2).