Soto v. Mahally

Full title: PEDRO SOTO, Petitioner, v. LAWRENCE P. MAHALLY, et al., Respondents.

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

Date published: Jul 6, 2022

Civil Action 19-cv-780 (E.D. Pa. Jul. 6, 2022)

Opinion

Civil Action 19-cv-780

07-06-2022

PEDRO SOTO, Petitioner, v. LAWRENCE P. MAHALLY, et al., Respondents.

Gerald Austin McHugh United States District Judge

ORDER

Gerald Austin McHugh United States District Judge

This 5^th day of July 2022, following careful and independent consideration of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, and following review of the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.¹

1 Petitioner did not file objections. The docket reflects that he has been out of custody since at least October 2021, without ever re-establishing communication with this Court.

2. The petition for habeas corpus filed pursuant to 28 U.S.C. § 2254 is DENIED. ²

2 I agree with Judge Sitarski that the petition here is moot where it involved credit against a parole violation, and Petitioner has served his maximum sentence and is not at risk for reincarceration on these charges.

3. There is no basis for the issuance of a certificate of appealability.