DIX v. DELBALSO ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MATTHEW DIX, Petitioner, CIVIL ACTION NO. 20-02882 v. SUPT. THERESA DELBALSO, et al., Respondents. ORDER AND NOW, this 23rd day of February 2021, upon consideration of the Petition for a Writ of Habeas Corpus, (ECF No. 1), the Philadelphia County District Attorney’s Office’s Response, (ECF No. 9), the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells, (ECF No. 12), and Petitioner’s Reply1, (ECF No. 22), it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. Claim One is DISMISSED, without prejudice to refiling at the conclusion of state court appeals, for failure to exhaust state court remedies; 3. Claim Two is DENIED, with prejudice, because it is barred by Stone v. Powell, 428 U.S. 465 (1976); and 4. Petitioner has neither shown denial of a federal constitutional right, nor established that reasonable jurists would disagree with this court’s procedural disposition of his claims. Consequently, a certificate of appealability is DENIED. BY THE COURT: _/_s_/_ G__e_r_a_l_d_ _J_._ P__a_p_p__e_r_t_ GERALD J. PAPPERT, J. 1 The Court construes Petitioner’s Reply to the Government’s Response as objections to the Report and Recommendation.