Opinion
Civil Action 21-cv-01252-JLS
11-30-2022
HUNG THACH, Petitioner, v. BERNADETTE MASON, et al., Respondents.
ORDER
HON. JEFFREY L. SCHMEHL UNITED STATES DISTRICT JUDGE
AND NOW this___ day of___, 2022, upon careful and independent consideration of Petitioner Hung Thach's petition for writ of habeas corpus (Doc. No. 1), Hung Thach's Memorandum of Law in Support of Writ of Habeas Corpus (Doc. No. 12), and the Commonwealth's motion to dismiss the petition with prejudice (Doc. No. 18), and the Report and Recommendation of U.S. Magistrate Judge Richard A. Lloret, it is ORDERED that:
1. The Report and Recommendation of Magistrate Judge Richard A. Lloret is APPROVED and ADOPTED;
2. Mr. Martinez's Petition for Writ of Habeas Corpus is DISMISSED with prejudice by separate Judgment, filed contemporaneously with this Order. See Federal Rule of Civil Procedure 58(a); Rules Governing Section 2254 Cases in the United States District Courts, Rule 12;
3. No certificate of appealability shall issue under 28 U.S.C. § 2253(c)(1)(A) because “the applicant has [not] made a substantial showing of the denial of a constitutional right[,]” under 28 U.S.C. § 2253(c)(2), since he has not demonstrated that “reasonable jurists” would find my “assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000); see United States v. Cepero, 224 F.3d 256, 262-63 (3d Cir. 2000), abrogated on other grounds by Gonzalez v. Thaler, 565 U.S. 134 (2012); and, 4. The Clerk of Court shall mark this file closed.