UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

HUNG THACH, : : Petitioner, : : v. : CIVIL ACTION NO. 21-1252 : BERNADETTE MASON, ET AL., : : : Respondents :

O R D E R

AND NOW this 24th day of March, 2023, upon careful and independent consideration of Petitioner Hung Thach’s petition for writ of habeas corpus (Doc. No. 1), Hung Thach’s Memorandum of Law in Support of Writ of Habeas Corpus (Doc. No. 12), and the Commonwealth’s motion to dismiss the petition with prejudice (Doc. No. 18), the Report and Recommendation of U.S. Magistrate Judge Richard A. Lloret, and the Petitioner’s Objections to the Report (Doc. No. 29), it is ORDERED that: 1. The Petitioner’s Objections are OVERRULED. 2. The Report and Recommendation of Magistrate Judge Richard A. Lloret [Doc. 26] is APPROVED and ADOPTED; 3. Mr. Thach’s Petition for a Writ of Habeas Corpus is DISMISSED with prejudice by separate Judgment, filed contemporaneously with this Order. 4. No certificate of appealability shall issue under

(c)(1)(A) because “the applicant has [not] made a substantial showing of the denial of a constitutional right[,]” under

(c)(2), since he has not demonstrated that “reasonable jurists” would find my “assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel,

(2000); see United States v. Cepero,

(3d Cir. 2000), abrogated on other grounds by Gonzalez v. Thaler,

(2012); and,

5. The Clerk of Court shall mark this file as TERMINATED.

BY THE COURT:

/s/ Jeffrey L. Schmehl JEFFREY L. SCHMEHL, J.