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

PELO GARCIA, : : Petitioner, : : CIVIL ACTION v. : : THERESA DELBALSO, et al., : No. 18-cv-05639-JLS : Respondents. : O R D E R AND NOW, this _1_0_th___ day of ___D_e_ce_m_b_e_r _______, 2019, upon careful and independent consideration of Pelo Garcia’s petition for writ of habeas corpus (Doc. No. 2), the Respondents’ response in opposition (Doc. No. 12), Mr. Tucker’s reply (Doc. No. 13), and the Report and Recommendation of U.S. Magistrate Judge Richard A. Lloret (Doc. No. _1_4_), it is ORDERED that: 1. The Report and Recommendation of Magistrate Judge Richard A. Lloret is APPROVED and ADOPTED; 2. Mr. Garcia’s Petition for Writ of Habeas Corpus is DENIED and 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

(c)(1)(A) because “the applicant has [not] made a substantial showing of the denial of a constitutional right[,]” under

(c)(2), since he has not demonstrated that “reasonable jurists” would find my “assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel,

(2000); see United States v. Cepero,

(3d Cir. 2000), abrogated on other grounds by Gonzalez v. Thaler,

(2012); and 4. The Clerk of Courts shall mark this file closed. BY THE COURT:

_/_s/_ J_ef_fr_ey_ L_._ S_c_hm_e_h_l______________ HON. JEFFREY L. SCHMEHL U.S. DISTRICT JUDGE