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

TIMOTHY MICHAEL MERWARTH, CIVIL ACTION Plaintiff,

v.

THOMAS S. MCGINLEY, THE NO. 21-4153 DISTRICT ATTORNEY OF THE COUNTY OF LEHIGH AND THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Defendants.

O R D E R

AND NOW, this 10TH day of May 2023, 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, and having reviewed the letter provided by Petition (ECF#31), 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 aspects of this decision. 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.