MUCHISON v. STATE OF PENNSYLVANIA

District Court, E.D. Pennsylvania

MUCHISON v. STATE OF PENNSYLVANIA

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DERRICK MUCHISON : CIVIL ACTION : v. : No. 16-6418 : STATE OF PENNSYLVANIA, et al. :

ORDER

AND NOW, this 17th day of September, 2019, upon careful and independent consideration of Petitioner Derrick Muchison’s pro se Petition Under

28 U.S.C. § 2254

for Writ of Habeas Corpus, the response in opposition thereto, and the available state court records, and after review of the Report and Recommendation of United States Magistrate Judge Richard A. Lloret, to which no objections have been filed,1 it is ORDERED: 1. The Report and Recommendation (Document 16) is APPROVED and ADOPTED; 2. Muchison’s petition for writ of habeas corpus (Document 5) is DENIED and DISMISSED; and 3. A certificate of appealability shall not issue, as Muchison has not made a substantial showing of the denial of a constitutional right nor demonstrated that reasonable jurists would debate the correctness of the procedural aspects of this ruling. See

28 U.S.C. § 2253

(c)(2); Slack v. McDaniel,

529 U.S. 473, 483-84

(2000).

1 The Report and Recommendation was sent to all parties of record on August 22, 2019, together with a Notice from the Clerk of Court advising the parties of their obligation to file any objections within 14 days after service of the Notice. See Local R. Civ. P. 72.1 IV(b) (“Any party may object to a magistrate judge’s proposed findings, recommendations or report under

28 U.S.C. § 636

(b)(1)(B), and subsections 1(c) and (d) of this Rule within fourteen (14) days after being served with a copy thereof.”). As of today’s date, no objections have been filed. BY THE COURT:

/s/ Juan R. Sánchez Juan R. Sánchez, C.J.

Reference

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