ELLISON v. MAHALLY

District Court, E.D. Pennsylvania

ELLISON v. MAHALLY

Trial Court Opinion

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

ALONZO ELLISON, : CIVIL ACTION Petitioner, : : No. 18-5329 v. : : KEVIN RANSOM, et al.1 : Respondents. :

ORDER

This 16th day of November, 2022, upon careful and independent consideration of the Petition Under

28 U.S.C. § 2254

for Writ of Habeas Corpus by a Person in State Custody filed by Petitioner, ECF 1, the record in this case, the Report and Recommendation of United States Magistrate Judge Elizabeth Hey dated September 23, 2022, ECF 13, and Petitioner's Objections to Report and Recommendation, it is hereby ORDERED as follows: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. Petitioner’s Objections are OVERRULED;2 3. The Petition for Writ of Habeas Corpus is DENIED; and 4. There is no basis for the issuance of a certificate of appealability.

/s/ Gerald Austin McHugh United States District Judge

1 The current superintendent of the State Correctional Institution at Dallas, where Mr. Ellison is incarcerated, is Kevin Ransom. The proper respondent in a habeas petition is the current superintendent, and the caption should be changed accordingly. See Rule 2(a), Rules Governing Section 2254 Cases (2019).

2 Where a petitioner’s objections merely rehash and reframe the underlying arguments set forth in their original petition, the Court is not obligated to separately address any issue that was thoroughly and correctly analyzed by the Magistrate Judge. See Morgan v. Astrue, No. 08-2133,

2009 WL 3541001

(E.D. Pa. Oct. 30, 2009) (Buckwalter, J.) (collecting cases).

Reference

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