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

JELANI OGBONNA MCNAIR, CIVIL ACTION

Petitioner, NO. 22-cv-2234-KSM v.

COMMONWEALTH OF PENNSYLVANIA, et al.,

Respondents.

ORDER AND NOW, this 8th day of August, 2023, upon careful and independent consideration of the petition for a writ of habeas corpus, and after review of the Report and Recommendation of United States Magistrate Judge Craig M. Straw, IT IS ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED;12 2. The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE as to McNair’s non-cognizable claims (claims one through five and eight) and DISMISSED WITHOUT PREJUDICE as to his unexhausted claims (claims six and seven); 3. There is no probable cause to issue a certificate of appealability; and 4. The Clerk of the Court shall mark this case closed for statistical purposes. IT IS SO ORDERED.

1 In the Eastern District of Pennsylvania, Local Rule 72.1.IV(b) governs a petitioner’s objections to a magistrate judge’s report and recommendation.” Piasecki v. Ct. of Common Pleas, No. 14-cv-7004,

, at *3 (E.D. Pa. Mar. 23, 2021). Under that Rule, a petitioner must “specifically identify the portions of the proposed findings, recommendations, or report to which objection is made and the basis for such objections” within fourteen days of receipt of a copy thereof.

2 The Court recognizes that Petitioner was released from state custody on August 4, 2023. Docket, Commonwealth v. McNair, No. CP-51-CR-0007240-2021, at 10. Nevertheless, because Petitioner is subject to probation restrictions, he meets the “custody rule” under habeas jurisprudence and the Court must consider Petitioner’s habeas claims. Id. at 4; Jones v. Cunningham,

(1963). /s/ Karen Spencer Marston ______________________________ KAREN SPENCER MARSTON, J.