MARCHESANO v. GARMIN et al, No. 2:2019cv03318 - Document 50 (E.D. Pa. 2022)
Court Description: MEMORANDUM OPINION ORDER THAT THAT THE OBJECTIONS ARE OVERRULED. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE AND WITHOUT AN EVIDENTIARY HEARING. A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE, ETC. THE CLERK OF COURT IS DIRECTED TO CLOSE THE CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/30/22. 8/30/22 ENTERED AND COPIES NOT MAILED TO PRO SE; E-MAILED.(amas)
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MARCHESANO v. GARMIN et al Doc. 50 Case 2:19-cv-03318-CMR Document 50 Filed 08/30/22 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOSEPH MARCHESANO, Petitioner, v. CIVIL ACTION NO. 19-3318 MARK GARMIN, et al., Respondents. ORDER AND NOW, this 30th day of August 2022, upon careful and independent consideration of the Petition for Habeas Corpus and the related filings; and upon review of the Report and Recommendation (“R&R”) of United States Magistrate Judge Lynne A. Sitarski and the objections thereto; and for the reasons stated in the accompanying memorandum opinion, it is hereby ORDERED that: 1. The objections are OVERRULED; 2. The Report and Recommendation is APPROVED and ADOPTED; 3. The Petition for Writ of Habeas Corpus is DISMISSED with prejudice and without an evidentiary hearing; 4. A certificate of appealability will not issue as there is no basis for concluding that “reasonable jurists could debate whether . . . the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further;”1 and 1 Slack v. McDaniel, 529 U.S. 473, 484 (2000) (internal citation and quotation omitted). Dockets.Justia.com Case 2:19-cv-03318-CMR Document 50 Filed 08/30/22 Page 2 of 2 5. The Clerk of Court is directed to CLOSE the case. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe CYNTHIA M. RUFE, J. 2
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