BENSON v. MAHALLY ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN BENSON : CIVIL ACTION : v. : : LARRY MAHALLY, et al. : NO. 18-cv-02762 ORDER This 23rd day of September 2019, upon careful and independent consideration of Petitioner John Benson’s Objections, the objections are OVERRULED. The objections repeat arguments properly dealt with in the Report and Recommendation of the Honorable Timothy R. Rice. Accordingly, following review of the Petition, Responses, Objections, and record, it is ORDERED that: 1. The Report and Recommendation of Magistrate Judge Timothy R. Rice is APPROVED and ADOPTED; 2. Benson’s Petition for Writ of Habeas Corpus is DENIED and DISMISSED with prejudice by separate Judgment, filed contemporaneously with this Order. See Federal Rule of Civil Procedure 58(a); Rules Governing Section 2254 Cases in the United States District Courts, Rule 12; 3. No certificate of appealability shall issue under 28 U.S.C. § 2253(c)(1)(A) because “the applicant has [not] made a substantial showing of the denial of a constitutional right[,]” under 28 U.S.C. § 2253(c)(2), since he has not demonstrated that “reasonable jurists” would find my “assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000); see United States v. Cepero, 224 F.3d 256, 262-63 (3d Cir. 2000), abrogated on other grounds by Gonzalez v. Thaler, 565 U.S. 134 (2012); and, 4. The Clerk of Court shall mark this file closed. BY THE COURT: /s/ Gerald Austin McHugh HON. GERALD A. MCHUGH U.S. District Judge