LEE v. MAHALLY

District Court, E.D. Pennsylvania

LEE v. MAHALLY

Trial Court Opinion

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

JOHN LEE : CIVIL ACTION : v. : No. 18-5212 : LAWRENCE MAHALLY, et al. :

ORDER

AND NOW, this 5th day of March, 2020, upon careful and independent consideration of Petitioner John Lee’s pro se Petition for Writ of Habeas Corpus Under

28 U.S.C. § 2254

, and after de novo review of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells, to which no objections have been filed,1 it is ORDERED: 1. The Report and Recommendation (Document 23) is APPROVED and ADOPTED. 2. Lee’s Petition for Writ of Habeas Corpus Under

28 U.S.C. § 2254

(Document 1) is DENIED with prejudice and DISMISSED without an evidentiary hearing. 3. Lee having failed to make a substantial showing of the denial of a constitutional right, i.e. that reasonable jurists would disagree with this Court’s substantive and procedural rulings on Lee’s claims, a certificate of appealability shall not issue. See

28 U.S.C. § 2253

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

529 U.S. 473, 483-84

(2000). BY THE COURT:

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

1 The Report and Recommendation was sent to all parties of record on February 12, 2020, 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) . . . within fourteen (14) days after being served with a copy thereof.”). To date, no objections have been received by the Court.

Reference

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