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

CARL THOMAS STEWART, JR. Petitioner, v. CIVIL ACTION NO. 20-4005 DISTRICT ATTORNEY, et al. Respondents.

ORDER

AND NOW, this 25th day of April 2022, upon consideration of the Report & Recommendation of Magistrate Judge Timothy R. Rice, to which no objections have been filed, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED1; 2. The Petition for Writ of Habeas Corpus is DISMISSED with prejudice and without an evidentiary hearing; 3. A certificate of appealability will not issue;2 and 3. The Clerk of Court is directed to CLOSE the case. It is so ORDERED. BY THE COURT:

/s/ Cynthia M. Rufe

CYNTHIA M. RUFE, J.

1 Petitioner filed a petition under

while he was still in pretrial custody. Petitioner entered a guilty plea to the charges against him two months later, and did not seek appellate review of his conviction and sentence. Thus, as the R&R concluded, the claims relating to his pretrial incarceration are now moot, and to the extent he may have raised claims cognizable under

, those claims must be dismissed for failure to exhaust his remedies in the state courts. 2 Slack v. McDaniel,

(2000).