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

OSCAR LUGO, : CIVIL ACTION Petitioner, : : v. : : NO. 20-2281 SUPERINTENDENT, : COAL TOWNSHIP, et al., : Respondents. :

ORDER

AND NOW, this 1 8 t h day of O c t o b e r , 2022, upon careful and independent consideration of the pleadings and available state court records, and after review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, it is ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The petition for a writ of habeas corpus is DENIED AND DISMISSED; 3. A certificate of appealability SHALL NOT issue, in that the Petitioner has not made a substantial showing of the denial of a constitutional right nor demonstrated that reasonable jurists would debate the correctness of the procedural bases for this adjudication. See

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

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

/s/ Harvey Bartle III ____________________________________ HARVEY BARTLE III, J.