HARDING v. WARDEN MASON OF SCI MAHANOY ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JAMES HARDING, : Petitioner, : : v. : Case No. 5:21-cv-02393-JDW : WARDEN MASON OF SCI : MAHANOY, et al. : Respondents. : ORDER AND NOW, this 8th day of November, 2021, upon careful and independent consideration of the pleadings and available state court records, and upon review of the Report and Recommendation of United States Magistrate Judge Scott Reid (ECF No. 19), Petitioner James Harding’s Timely Objections To Magistrates [sic] Frivolous/Baseless Recommendation (ECF No. 20), and for the reasons set forth in the accompanying Memorandum, it is ORDERED as follows: 1. Petitioner’s Timely Objections To Magistrates [sic] Frivolous/Baseless Recommendation (ECF No. 20) are OVERRULED; 2. The Report and Recommendation (ECF No. 19) is APPROVED and ADOPTED; 3. The Petition for a Writ of Habeas Corpus is DISMISSED WITH PREJUDICE; 4. A certificate of appealability SHALL NOT issue, in that the Petitioner has not made a substantial showing of the denial of a constitutional right nor demonstrated that reasonable jurists would debate the correctness of the procedural aspects of this ruling. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and 5. The Clerk of the Court shall mark this case CLOSED for statistical purposes. BY THE COURT: /s/ Joshua D. Wolson JOSHUA D. WOLSON, J.