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

ROBERT DAVIS, : Petitioner, : : v. : Civil No. 2:09-cv-5693-JMG : RANDALL SEARS, et al., : Respondents. : __________________________________________

ORDER AND NOW, this 13th day of June 2024, upon consideration of Petitioner’s Amended Petition for Writ of Habeas Corpus (ECF No. 29), Respondent’s Response (ECF No. 86), the Report and Recommendation of United States Magistrate Judge Richard A. Lloret (ECF No. 93), and Petitioner’s Preliminary Objections (ECF Nos. 95-99), IT IS HEREBY ORDERED as follows: 1. The Report and Recommendation (ECF No. 93) is APPROVED and ADOPTED; 2. Petitioner’s Petition for Writ of Habeas Corpus is DISMISSED with prejudice by separate Judgment, filed contemporaneously with this Order;1 3. 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 jurist” would find the “assessment of the constitutional claims debatable or wrong.”2

1 See Federal Rule of Civil Procedure 58(a); Rules Governing Section 2254 Cases in the United States District Courts, Rule 12. 2 Slack v. McDaniel,

(2000); See United States v. Cepero,

, 262- 63 (3d Cir. 2000), abrogated on other grounds by Gonzalez v. Thaler,

(2012). 4. The Clerk of Court is directed to mark this case CLOSED.

BY THE COURT:

/s/ John M. Gallagher JOHN M. GALLAGHER United States District Court Judge