Opinion
Civil Action 20-CV-4505
10-24-2022
DEREK WASHINGTON, Petitioner, v. SUPERINTENDENT JAMEY LUTHER, et al., Respondents.
ORDER
KAREN SPENCER MARSTON, J.
AND NOW this 24th day of October, 2022, upon consideration of Petitioner's Petition for Writ of Habeas Corpus (Doc. No. 1), the Commonwealth's response (Doc. No. 15), the other documents filed by the parties, after reviewing the Report and Recommendation (“R&R”) of United States Magistrate Judge Carol Sandra Moore Wells, and the time for objections having since passed, it is ORDERED that:
On September 20, 2022, the copy of Judge Wells's R&R that went sent to Washington was returned from the United States Postal Service (“USPS”) as undeliverable. (See Doc. No. 23.) The Court obtained Petitioner's most recent address from the Department of Corrections and parole supervisors, and the Clerk's Office re-sent the R&R to Petitioner at that address via certified mail on September 29, 2022. According to the USPS tracking service (tracking number 9407111899562993095001), the R&R was delivered on October 1, 2022.
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus is DISMISSED and DENIED; and
3. A certificate of appealability is DENIED.
IT IS SO ORDERED.