Opinion
Civil Action 21-5135
03-26-2024
ORDER
JOEL H. SLOMSKY, J.
AND NOW, this 26th day of March 2024, upon consideration of the Petition for Writ of Habeas Corpus (Doc. No. 1), Respondents' Response in Opposition (Doc. No. 19), the Report and Recommendation of United States Magistrate Judge Richard A. Lloret (Doc. No. 53), Petitioner's Objections to the Report and Recommendation (Doc. No. 54), Petitioner's Motion Requesting a Ruling on the Writ of Mandamus (Doc. No. 51), the relevant record in this case, and in accordance with the Opinion issued this day, it is ORDERED as follows:
1. Petitioner's Objections to the Report and Recommendation (Doc. No. 54) are OVERRULED.
2. The Report and Recommendation (Doc. No. 53) is APPROVED and ADOPTED;
3. The Petition for Writ of Habeas Corpus (Doc. No. 1) is DENIED and DISMISSED with prejudice. A Certificate of Appealability SHALL NOT be issued because Defendant failed to “demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000).
4. Petitioner's Motion Requesting a Ruling on the Writ of Mandamus (Doc. No. 51) is DENIED as moot because United States Magistrate Judge Lloret has filed his Report and Recommendation on January 22, 2024;
5. Judgment is entered in favor of RESPONDENTS;
6. The Clerk of Court shall mark this case CLOSED.