IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN OWENS, : CIVIL ACTION Petitioner, : : v. : : KYLE RUSSELL, et al., : NO. 22-1345 Respondents. : O R D E R AND NOW, this 4th day of November , 2022, upon careful and independent consideration of the petition for a writ of habeas corpus and available state court records, and after review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, and no timely objections having been filed it is ORDER1.ED thTath: e 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, 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 this ruling. 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/WENDY BEETLESTONE, J. ______________________________ WENDY BEETLESTONE, J.