UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA ____________________________________

ORLIN RODRIGUEZ ACOSTA, : Petitioner, : v. : No. 2:22-cv-0656 : KYLE RUSSELL, et al., : Respondents. : ____________________________________

O R D E R AND NOW, this 25th day of July, 2022, after de novo review of Petitioner’s petition for writ of habeas corpus, ECF No. 2; and upon consideration of the Report and Recommendation (“R&R”) of Magistrate Judge Carol Sandra Moore Wells, ECF No. 12, and in the absence of objections to the R&R1, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation, ECF No. 12, is APPROVED and ADOPTED; 2. Claim one is DISMISSED, pursuant to Sone v. Powell,

(1976); 3. Claims Two, Three, and Four are DISMISSED, without prejudice, for lack of exhaustion; 4. There is no basis to issue a certificate of appealability; and 5. This case is CLOSED.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.______ JOSEPH F. LEESON, JR. United States District Judge

1 Petitioner’s deadline to file objections to the R&R passed more than one month ago.