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

TYREE JOHNSON : CIVIL ACTION : v. : : No. 18-cv-01446-MSG ATTORNEY GENERAL OF THE : STATE OF PENNSYLVANIA, et al :

ORDER

AND NOW this 24th day of March, 2020, upon careful and independent consideration of Tyree Johnson’s petition for writ of habeas corpus (Doc. No. 2), the Commonwealth’s response in opposition (Doc. No. 18), Mr. Johnson’s Reply to Respondent’s Answer (Doc. No. 23) and the Report and Recommendation of U.S. Magistrate Judge Richard A. Lloret, it is ORDERED that: 1. The Report and Recommendation of Magistrate Judge Richard A. Lloret is APPROVED and ADOPTED; 2. Johnson’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 Court shall mark this file closed.

BY THE COURT:

/s/ Mitchell S. Goldberg MITCHELL S. GOLDBERG, J.