FEGLEY v. COMMONWEALTH OF PENNSYLVANIA

District Court, E.D. Pennsylvania

FEGLEY v. COMMONWEALTH OF PENNSYLVANIA

Trial Court Opinion

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

DANIEL CHARLES FEGLEY, JR., CIVIL ACTION Petitioner,

v.

COMMONWEALTH OF NO. 23-1919 PENNSYLVANIA, Respondent.

O R D E R

AND NOW, this 22nd day of August, 2023, upon consideration of § 2241 Habeas Corpus Petition (ECF 2), and the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski (ECF 6), there being no objection to the Report and Recommendation despite the passage of the time for doing so, IT IS ORDERED as follows: 1. Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski (ECF 6) is APPROVED and ADOPTED; 2. The § 2241 Habeas Corpus Petition (ECF 2) is DISMISSED WITH PREJUDICE; and, 3. A certificate of appealability will not issue because reasonable jurists would not debate (a) this Court’s decision that the petition does not state a valid claim of the denial of a constitutional right, or (b) the propriety of this Court’s procedural ruling with respect to petitioner’s claims. See

28 U.S.C. § 2253

(c)(2); Slack v. McDaniel,

529 U.S. 473, 484

(2000). BY THE COURT:

/s/ Hon. Kelley B. Hodge

HODGE, KELLEY B., J.

Reference

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