IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FALEEF CALDWELL, : CIVIL ACTION : Petitioner, : : v. : : NO. 20-223 DAVID BYRNE, et al., : : Respondents. : JOHN M. YOUNGE, J. ORDER AND NOW, this _1_6_t_h_ day of _O__ct_o_b_e_r_________, 2020, upon consideration of the Petition for a Writ of Habeas Corpus under

(ECF No. 1), the Response thereto (ECF No. 9), and the Report and Recommendation of United States Magistrate Judge Marilyn Heffley (ECF No. 11), and after a careful and independent review of the record, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED. 2. The Petition for a Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE. 3. A certificate of appealability SHALL NOT issue, as Petitioner has not made a substantial showing of a denial of a constitutional right nor demonstrated that reasonable jurists would debate the correctness of the procedural aspects of this ruling. See

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

(2000). 4. The Clerk of Court shall mark this case CLOSED for statistical purposes. BY THE COURT:

_/_s_/ _Jo_h_n_ _M__il_to_n_ _Y_o_u_n_g_e____________ JOHN M. YOUNGE, J.